New Charter Housing (North) Ltd v Ashcroft [2004] EWCA Civ 310 (08 March 2004)

New Charter Housing (North) Ltd v Ashcroft [2004] EWCA Civ 310 (08 March 2004)

The judge erred in suspending the possession order because there was no reasonable basis to believe the defendant would control her son's behaviour, the nuisance was serious and persistent, and the interests of neighbours and the difficulty of proving future breaches were not properly weighed. The only appropriate order was immediate possession, with a short postponement for possession to be given.

Citation
[2004] EWCA Civ 310
Parties
Claimant/appellant: New Charter Housing (North) Limited; Defendant/respondent: Ruth Ashcroft
Jurisdiction
England and Wales
Judgment Date
08 March 2004
Procedural Posture
Appeal (possession Proceedings) / Court of Appeal Judgment
Outcome
Appeal allowed. Suspended order set aside. Immediate possession ordered with six weeks' postponement.
Legal Topics
Possession Proceedings, Anti Social Behaviour, Suspended Possession Orders, Ground 14 Housing Act 1988, Discretion in Suspension of Orders
Landlord and Tenant Housing Law Civil Procedure Possession Proceedings Anti Social Behaviour Suspended Possession Orders Ground 14 Housing Act 1988 Discretion in Suspension of Orders

Case Brief

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Parties

New Charter Housing (North) Limited

Claimant/appellant

Ruth Ashcroft

Defendant/respondent

Procedural Posture

Appeal (possession Proceedings) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in suspending the possession order for 12 months under ground 14 of Schedule 2 to the Housing Act 1988 in light of persistent nuisance caused by the tenant's son and the tenant's failure to control him.
  2. 2 Whether the judge failed to give sufficient weight to the interests of neighbours and the difficulty of proving future breaches.

Ratio Decidendi

The judge erred in suspending the possession order because there was no reasonable basis to believe the defendant would control her son's behaviour, the nuisance was serious and persistent, and the interests of neighbours and the difficulty of proving future breaches were not properly weighed. The only appropriate order was immediate possession, with a short postponement for possession to be given.

Court Disposition

Appeal allowed. Suspended order set aside. Immediate possession ordered with six weeks' postponement.

Orders

  • Claimant to have possession of the property six weeks from the date of judgment.
  • Costs to the claimant, to be assessed if not agreed.