The court reviewed the principles applicable when asking whether it is reasonable to make an order for possession against a tenant on grounds of nuisance: a) When considering reasonableness, the Judge must take account of all relevant circumstances ‘in a broad common sense way’; b) The interests of neighbours and the obligations of the landlord to those neighbours are relevant in nuisance cases. This has been said to be established by ‘a long line of authority’ as ‘a very pertinent factor’ in Romano’s case at paragraph 19, and it is now specifically enshrined in statute; c) The fact that nuisance has ceased does not ipso facto prevent even an outright order for possession being made; d) Although the tenant’s conduct is a relevant factor, the fact that she has done her best to control the person responsible for the nuisance does not prevent the making of order for possession; e) The fact that there may be an alternative remedy (in that case an injunction) available to the landlord does not of itself justify refusing an order for possession; and f) An appellate court will only interfere with a decision on reasonableness where the Judge has taken an irrelevant factor into account, ignored a relevant factor, or reached a perverse conclusion.
Citations:
(2000) 32 HLR 891
Jurisdiction:
England and Wales
Cited by:
Explained – 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 – Royal Borough of Greenwich v Tuitt CA 25-Nov-2014
The Defendant appealed against the order for possession made against her in respect of her secure tenancy of a flat, made on the grounds that her son, now 18 years old and living with her and her partner, had committed repeated acts of nuisance and . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 14 May 2022; Ref: scu.242881