(1) If the Tribunal is
satisfied, on application by a landlord, that there is a risk that the tenant
or a person permitted on the premises by the tenant may cause serious damage
to property or personal injury, the Tribunal may make
an order (a "restraining order") restraining the tenant and other persons on
the premises from engaging in conduct of a kind described in the order.
(1a) If the Tribunal
is satisfied, on application by a tenant, that there is a risk that a
co-tenant or a person permitted on the premises by a co-tenant may—
cause serious damage to property; or
cause personal injury; or
the co-tenant is a domestic associate or former domestic associate of the
tenant—commit an act of domestic abuse,
the Tribunal may make a restraining order restraining the co-tenant and other
persons on the premises from engaging in conduct of a kind described in the
(1b) In considering an
application under subsection (1a)
, the Tribunal must have regard to such of the following orders and
proceedings (if any) as are relevant to the application:
order, injunction, undertaking, plan, recognisance or other form of obligation
imposed or agreement made under the Family Law Act 1975 of the
order made under the Children's Protection Act 1993
order made under the Intervention Orders (Prevention of Abuse) Act 2009
pending application for an order referred to in paragraph (a)
other relevant legal proceedings.
(2) An application for
a restraining order may be made without notice to the persons against whom the
order is sought but, if the order is made without giving them a reasonable
opportunity to respond to the allegations against them, the Tribunal must
allow them a reasonable opportunity to satisfy it that the order should not
continue in operation.
(3) A person must not
contravene a restraining order.
Maximum penalty: Imprisonment for 1 year.