London and Quadrant Housing Trust v Root: CA 12 Jan 2005

The tenant had a partner whom she could not control, and who had terrorised her to the nuisance also of her neighbours. The landlord sought possession, and until that was granted an anti-social behaviour order (ASBO) against the partner. Before the hearing an interim ASBO had been granted which effectively excluded the partner from the demised property, and that appears to have improved the situation. The Judge nonetheless made an outright order for possession against the tenant, and a final ASBO against her partner She appealed against an absolute possession order.
Held: The absolute possession order was upheld. The tenant said that the judge ‘ought to have considered first whether the ASBO provided appropriate protection and then gone on to consider whether, given the protection of the ASBO, he should nevertheless refuse to suspend the possession order’, on the basis that the ASBO ‘changed the position radically’. There had been ‘a total breakdown in the relationship’ between the tenant and landlord not only for the tenant’s partner’s nuisance but also because of the tenant’s refusal to give access:
Brooke LJ, Longmore LJ
[2005] EWCA Civ 43, [2005] HLR 439
Bailii
Housing Act 1988 Sch2 p12 14
England and Wales
Citing:
CitedLambeth London Borough Council v Howard CA 6-Mar-2001
Any attempt to evict a person, whether directly or indirectly or by process of law, from his or her home is on the face of it a derogation from the respect to which the home is prima facie entitled. Courts should be careful fully to explain any . .

Cited by:
CitedKnowsley Housing Trust v McMullen CA 9-May-2006
The defendant tenant appealed an order for possession of her flat. She was disabled and living with her 19 year old son. He had been made subject to an anti-social behaviour order. The court had found that she could have required him to leave. The . .

These lists may be incomplete.
Updated: 11 May 2021; Ref: scu.222165