Raglan Housing Association Ltd. v Fairclough [2007] EWCA Civ 1087 (01 November 2007)

Raglan Housing Association Ltd. v Fairclough [2007] EWCA Civ 1087 (01 November 2007)

Ground 14(b)(ii) of Schedule 2 to the Housing Act 1988 is not limited to convictions for offences committed during the currency of the tenancy; it applies to convictions for indictable offences committed in the locality even if the acts occurred before the tenancy commenced, provided the conviction occurs while the person is tenant. The policy is to protect the locality from anti-social behaviour, and the court retains discretion to grant possession only if reasonable.

Citation
[2007] EWCA Civ 1087
Parties
Respondent/claimant: Raglan Housing Association Ltd; Appellant/respondent: Alex Patrick Fairclough
Jurisdiction
England and Wales
Judgment Date
01 November 2007
Procedural Posture
Civil Appeal / Appeal From Order for Possession
Outcome
Appeal dismissed
Legal Topics
Grounds for Possession, Interpretation of Housing Act 1988, Convictions and Tenancy, Reasonableness in Possession Orders
Landlord and Tenant Housing Law Civil Procedure Grounds for Possession Interpretation of Housing Act 1988 Convictions and Tenancy Reasonableness in Possession Orders

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Parties

Raglan Housing Association Ltd

Respondent/claimant

Alex Patrick Fairclough

Appellant/respondent

Procedural Posture

Civil Appeal / Appeal From Order for Possession

Legal Issues

  1. 1 Whether Ground 14(b)(ii) of Schedule 2 to the Housing Act 1988 applies to convictions for offences committed before the commencement of the tenancy
  2. 2 Whether the court has jurisdiction to grant possession where the conviction relates to pre-tenancy conduct

Ratio Decidendi

Ground 14(b)(ii) of Schedule 2 to the Housing Act 1988 is not limited to convictions for offences committed during the currency of the tenancy; it applies to convictions for indictable offences committed in the locality even if the acts occurred before the tenancy commenced, provided the conviction occurs while the person is tenant. The policy is to protect the locality from anti-social behaviour, and the court retains discretion to grant possession only if reasonable.

Court Disposition

Appeal dismissed

Orders

  • Order for possession of 5 Banks Cottages to Raglan Housing Association Ltd stands