ÐÇ¿Õ´«Ã½

Our understanding is that if we apply for an injunction without the tenant stating that her son is being abusive, we would have a very weak case. How can we progress if the tenant feels she cannot tell the police what her son is doing? If she does put it in writing that she wants her son to leave, what is the best course of action?

This is a difficult scenario. Your ability to regain possession or manage the son's behaviour depends on the mother. Of course, if the son's behaviour is causing nuisance to neighbours, this could lead to a possession action against the mother, but this is clearly not an option.

She could be helped to obtain an injunction against her son to keep him away from the property, but this would require proceedings in her name and evidence from her against her son.

The only alternative is for the mother to terminate her tenancy, by surrender or tenant's notice to quit on the promise of rehousing. It could be agreed that any new tenancy would contain a prohibition against the mother allowing her son to reside at the property. She could do this while in respite care.

Once the mother's tenancy was terminated, the son could be evicted as a former licensee/lodger. Proceedings would be relatively straightforward and the mother would not have to give evidence. Nevertheless, it would require her to serve notice to terminate or surrender her tenancy in the first place, and she would have to understand the consequences for her son of doing so.

The bottom line is that the association need to persuade the mother that it is in her best interests that her son does not stay with her. There is little to be gained by threatening proceedings against her if she does not cooperate. It is a matter of straightforward persuasion.

Nick Billingham, Partner and head of housing management litigation at law firm Devonshires

There must be a strong suspicion that the son is putting improper pressure on the mother. Since the son is not a tenant, he is there only by his mother's permission and she is free to withdraw it at any time. If he refuses to go, ultimately she can get a court order to remove him but this will take time, during which he can continue to pressure her.

Even if she has moved out temporarily into respite care, her tenancy continues unless she has relinquished it, so it is for her, not you, to remove him (although you can, of course, offer support and advice).

One option would be for her to give up the tenancy while she is in respite care, in which case you resume possession of the property and can evict the son. You can then rehouse her, but of course she will still be in contact with the son so the danger is the cycle will begin again.

Are there any other family members you can involve in addressing this situation? They may have a more effective influence over the son's behaviour. It would also be worth talking to charities or voluntary organisations that work with elderly people; they may be able to give your tenant support and advice in dealing with a distressing situation that is, sadly, far from unique.

John Bryant, Policy officer, National Housing Federation