Tag Archive for 'anti-social behaviour'

Barking and Dagenham LBC v Bakare; too little too late

By FT on 14/05/2012. 0 Comments

Just a brief note on this. As yet no transcript. This is another example of a fairly robust antisocial behaviour decision being upheld on appeal and it reinforces the well established principle that an appellant who is essentially attacking the discretion of the Judge below will find no sympathy in the Court of Appeal.

The background was that a long standing secure tenant had lived in her flat with her three children. Her youngest son aged 19 had been involved in some offending including use and possession of cannabis and had some connection with firearms and ammunition found near the premises. B&D sought possession for both rent arrears and antisocial … Read the full post

Posted in ASB, FLW case note, Housing law - All, Possession and secure-tenancy. Tags: , .

Dear Mr Shapps

By NL on 11/01/2011. 18 Comments

My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the ‘Neighbours from Hell’ one.

You announce that you:

will introduce a new additional mandatory ground for possession, so those tenants with a track record of anti-social behaviour can be evicted from their council or housing association property much more quickly.

Ministers believe this will lead to a faster and fairer courts process – being found guilty of housing related anti-social behaviour in one court will provide automatic grounds for eviction in the county court, removing

… Read the full post

Posted in ASB, FLW article, Housing law - All, Possession and Regulation and planning. Tags: , , , , .

Brave New World or Same Old Story

By chief on 04/11/2010. 28 Comments

Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links)

Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny issue of which is the most important housing law case of all. While bizarre to the outsider, this ritual actually takes the form of a Mornington Crescent-style game, in which the aim is to get to Street v Mountford before somebody plays Puhlhofer and ruins the whole thing. The route to get there varies, although it will normally take in Awua, Pereira, Runa Begum, Din v Wandsworth… Read the full post

Posted in ASB, FLW case note, Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , , , , , .

Ground 14A and Domestic Violence

By David Smith on 01/07/2010. 0 Comments

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750 (01 July 2010)

An interesting, although sad, case which raises issues of construction of Ground 14A of Schedule II of the Housing Act 1988.

H had an assured tenancy of the property from a property in Thornton Heath from MHT which began in 2003. He occupied the property with his wife and 4 children. From 2000 there had been problems in the relationship which had seen violent threats and behaviour by H towards his wife and children including incidents in which he had apparently attempted to strangle and kill his wife. In 2006 they separated and he left the property, his … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All, Nuisance and Possession. Tags: , , .

Pinnock and Proportionality

By Dave on 31/07/2009. 9 Comments

The CA have just handed down judgment in Manchester CC v Pinnock[2009] EWCA Civ 852, concerning the evidence that can be taken into account to justify a breach of a demoted tenancy at a review panel, the proper role of the County Court in such a circumstance, and the standard to be applied on a judicial review of a review panel decision. It is significant then in the context of demoted tenancies and demonstrates also that the proportionality standard is subject-specific. Manchester won by the way, although, no doubt Richard Drabble QC will seek leave to appeal as it was conceded that the CA was bound by Gilboy as … Read the full post

Posted in ASB, FLW case note, Housing law - All, Introductory and Demoted tenancies and secure-tenancy. Tags: , , , .

What do you want me to do about it?

By J on 27/07/2009. 0 Comments

Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not ‘pure’ housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social behaviour.

In Elvington Park Ltd and another v City of York Council [2009] EWHC 1805 (Admin), Silber J considered the content of a noise abatement notice. The appellants had been convicted by the Magistrates’ Court for causing a  noise nuisance, contrary to s.79(1)(g), 1990 Act, by allowing their airfield to be used for Formula 1 car testing and other motor-vehicle events. They appealed, both to the Crown Court and then to the High … Read the full post

Posted in ASB, Disrepair, FLW case note, Housing law - All and Nuisance. Tags: , , , , .

Closure orders

By Dave on 20/02/2009. 4 Comments

There have been two recent cases on closure orders of passing interest. The first, less important case was reported in The Guardian’s Society pages. The hearing appears to have been an amusing event, attended by “a large group of sex workers and their maids”, at which the police officer giving evidence could give no direct evidence that the premises were associated with the occurrence of disorder or serious nuisance to members of the public, because there was no such record on the police computer. Not surprisingly, the judge refused to confirm the Closure order. After the hearing, apparently one of the maids asked the police sergeant “I don’t want … Read the full post

Posted in ASB, FLW case note and Housing law - All. Tags: , , , .
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