Accent Peerless Ltd v Kingsdon and Another: CA 12 Dec 2007

The tenants appealed an order for possession of their assured property. The order had been made on the basis that their behaviour constituted a nuisance under Ground 14. They suffered post traumatic stress disorder, and were acutely sensitive to noise leading to them make many complaints about their neighbours. They said that the court should have taken account of the great decrease in the number of complaints.
Held: The judge had allowed for the abatement and noted that without accepting the medical treatment offered, the defendants remained at risk of further similar behaviour. Similarly the court had properly considered the possibility of suspending the order, and rejected it for the same reasons.

Judges:

Mann J

Citations:

[2007] EWCA Civ 1314

Links:

Bailii

Statutes:

Housing Act 1988 7 9(a)

Jurisdiction:

England and Wales

Housing

Updated: 12 July 2022; Ref: scu.262104