Surrey Heath Housing Association v Kingsdon & Anor

Surrey Heath Housing Association v Kingsdon & Anor

Permission to appeal is granted only on the ground that the judge may have failed to give proper consideration to the abatement of nuisance during 2006 and whether a suspended order would have been reasonable, as this raises an arguable point about the reasonableness of the immediate possession order.

Parties
Claimant/respondent: Surrey Heath Housing Association; Defendant/appellant: Patricia Kingsdon; Defendant/appellant: Karen Kingsdon
Jurisdiction
England and Wales
Judgment Date
18 May 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted in part, refused in part
Legal Topics
Nuisance, Possession Proceedings, Disability Discrimination, Reasonableness of Possession Orders
Landlord and Tenant Disability Law Nuisance Possession Proceedings Disability Discrimination Reasonableness of Possession Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Surrey Heath Housing Association

Claimant/respondent

Patricia Kingsdon

Defendant/appellant

Karen Kingsdon

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendants' conduct amounted to nuisance or annoyance under ground 14 of Schedule 2 to the Housing Act 1988
  2. 2 Whether the possession order was justified under the Disability Discrimination Act 1995
  3. 3 Whether the judge erred in making an immediate unconditional possession order rather than a suspended order

Ratio Decidendi

Permission to appeal is granted only on the ground that the judge may have failed to give proper consideration to the abatement of nuisance during 2006 and whether a suspended order would have been reasonable, as this raises an arguable point about the reasonableness of the immediate possession order.

Court Disposition

Permission to appeal granted in part, refused in part

Orders

  • Permission to appeal refused on grounds 1 and 4
  • Permission to appeal granted on ground 2 and amended ground 3