The tenant had been found guilty of allowing the premises to be used for the consumption and supply of crack cocaine. The assistant recorder held that it was not reasonable to make an order for possession. The council appealed.
Held: The appeal succeeded.
Beldam LJ said: ‘When there is such a serious breach of a condition of the tenancy, it is only in exceptional cases that it could be said that it was not reasonable to make the order.’
Judges:
Beldam LJ
Citations:
[1997] EWCA Civ 1081, (1997) 30 HLR 32
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Stonebridge Housing Action Trust v Gabbidon and Another ChD 21-Nov-2002
The landlord sought possession of a flat on the grounds that there were arrears of rent, and that one of the tenants had used it for the sale of drugs. It now appealed a suspension of the order, saying that the unlawful user meant that suspension . .
Dicta Doubted – Sandwell Metropolitan Borough Council v Hensley CA 1-Nov-2007
The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 05 November 2022; Ref: scu.141477
