Nearly Legal: Housing Law News and Comment

Convicted – Evicted

Raglan Housing Association Ltd v Fairclough [2007] EWCA Civ 1087.

Basically, Housing Act 1988 Schedule 2 Ground 14 (b) means that if if you have been convicted of

an indictable offence committed in, or in the locality of, the dwelling-house

the discretionary ground for possession is made out, regardless of whether you were a tenant, or indeed lived in the specific property at the time the offence was committed.

LJ Chadwick goes further in obiter, suggesting that it isn’t even necessary to be a tenant at the time of the conviction for Ground 14(b) to bite. Eh? So a conviction prior to the grant of tenancy could be ground for possession? Ouch.

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