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 possession.
Held: The council’s appeal succeeded. A possesion order was not to be made unless it was reasonable. Though it was two years since any breach, the tenant was still subject to a suspended sentence of imprisonment, the effect of which would pass. The court below had not taken sufficient account of the effect of the tenant’s behaviour on his neighbours. Gage: LJ ‘the offence was a very serious one. The evidence of what the police officers found at the premises shows that the defendant was carrying on a substantial operation of cannabis cultivation. Whether or not the defendant was living at the premises all the time, and there is some evidence he was not, is immaterial. It is clear that a large proportion of the premises was devoted to this operation. Further, the photographs would seem to indicate that the installation of the hydroponics may have caused some damage to the premises. This was at least the defendant’s third offence for cultivating cannabis at these premises. He has, in addition, a conviction for supplying cannabis. These offences, coupled with the defendant’s attitude to them and drugs in general, demonstrate a complete disregard for the terms of his tenancy agreement and, in my view, give no cause for optimism about his future conduct. Whilst I accept that there is no evidence of further offending since late 2005, the seriousness of the offences and the pattern of the defendant’s offending are, in my judgment, a better guide to the future than the absence of offending since 2005. In my opinion, the district judge attached too much weight to the absence of evidence of breaches since 2005, and far too little to the offence and the defendant’s previous convictions. ‘
Judges:
Gage LJ, Arden LJ
Citations:
[2007] EWCA Civ 1425, [2008] HLR 22
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Dicta Doubted – City Council of Bristol v Mousah CA 25-Feb-1997
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 . .
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 . .
Cited – Manchester City Council v Higgins CA 24-Nov-2005
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 . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 23 November 2022; Ref: scu.264480