London & Quadrant Housing Trust v Root

London & Quadrant Housing Trust v Root

Given the serious and persistent nuisance, intimidation, and breaches of tenancy, the ongoing poor condition of the property, and the breakdown in the landlord-tenant relationship, it was not wrong for the judge to refuse to suspend the possession order. The effect on neighbours and the inadequacy of alternative remedies justified an outright order.

Parties
Claimant/respondent: London & Quadrant Housing Trust; Defendant/appellant: Lorraine Root
Jurisdiction
England and Wales
Judgment Date
12 January 2005
Procedural Posture
Civil Appeal / Appeal From County Court (possession Order)
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Anti Social Behaviour, Suspension of Possession Orders, Grounds for Possession, Effect of Anti Social Behaviour Orders
Landlord and Tenant Housing Law Possession Proceedings Anti Social Behaviour Suspension of Possession Orders Grounds for Possession Effect of Anti Social Behaviour Orders

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Parties

London & Quadrant Housing Trust

Claimant/respondent

Lorraine Root

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court (possession Order)

Legal Issues

  1. 1 Whether the judge erred in refusing to suspend the possession order against the tenant
  2. 2 Whether the making and continuation of an anti-social behaviour order against a household member altered the appropriateness of outright possession
  3. 3 Whether the effect of nuisance on neighbours was properly considered under section 9A of the Housing Act 1988

Ratio Decidendi

Given the serious and persistent nuisance, intimidation, and breaches of tenancy, the ongoing poor condition of the property, and the breakdown in the landlord-tenant relationship, it was not wrong for the judge to refuse to suspend the possession order. The effect on neighbours and the inadequacy of alternative remedies justified an outright order.

Court Disposition

Appeal dismissed

Orders

  • Possession order affirmed
  • Costs awarded against appellant on standard terms (subject to legal aid assessment)