The authority sought an immediate possession order against their council house tenant. Her 13 year old son had been made subject to an ASBO after atrocious and intimidating behaviour towards a neighbour. A possession order had been granted but then suspended. The tenant argued that the ASBO should be expected to control the nuisance and that a possession order was unnecessary. However the ASBO had been breached.
Held: The judge had had a discretion and he had exercised it. An appeal court had to be shown reason to a high standard before interfering with such a decision. In this case it had. If the son’s misconduct had been so serious and persistent as to justify an ASBO that was a strong reason to justify possession. The confidence shown by the judge in the boy’s reform was wishful thinking. He had continued to commit vandalism following the making of the order. The court should only suspend the order if there is cogent evidence which demonstrates a sound basis for the hope that the previous conduct will cease. In the absence of any sign of remorse or improvement an immediate order for possession was appropriate.
Ward LJ: ‘if the misconduct by a tenant or even by a member of the household were serious and persistent enough to justify an ASBO then that will be strong but not conclusive evidence that the tenant will have forfeited his entitlement to retain possession’.
Judges:
Ward LJ, Gage LJ
Citations:
[2005] EWCA Civ 1423, Times 14-Dec-2005
Jurisdiction:
England and Wales
Cited by:
Cited – Knowsley 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 . .
Cited – Knowsley 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 . .
Cited – 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: 11 June 2022; Ref: scu.237548