Knowsley Housing Trust v McMullen [2006] EWCA Civ 539 (09 May 2006)

Knowsley Housing Trust v McMullen [2006] EWCA Civ 539 (09 May 2006)

It was reasonable to make a suspended order for possession against the tenant due to serious and persistent nuisance caused by her son, despite her inability to control him and her disability. The existence of an ASBO and other restraints did not preclude such an order. However, due to the defendant's disability, the landlord must apply to the court for permission before seeking a warrant for possession.

Citation
[2006] EWCA Civ 539
Parties
Claimant/respondent: Knowsley Housing Trust; Defendant/appellant: Anita McMullen
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Appeal (housing Possession) / Court of Appeal Judgment
Outcome
Appeal dismissed in substance; order varied to require landlord to seek court permission before applying for warrant of possession.
Legal Topics
Possession Proceedings, Nuisance, Suspended Possession Orders, Disability Discrimination Act 1995, Grounds for Possession Under Housing Act 1988, ASBO (anti Social Behaviour Order) Relevance, Reasonableness in Possession Orders
Housing Law Disability Discrimination Civil Procedure Possession Proceedings Nuisance Suspended Possession Orders Disability Discrimination Act 1995 Grounds for Possession Under Housing Act 1988 +2 more

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Parties

Knowsley Housing Trust

Claimant/respondent

Anita McMullen

Defendant/appellant

Procedural Posture

Appeal (housing Possession) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a suspended order for possession should be made against a disabled tenant unable to control her son's nuisance behaviour
  2. 2 Whether the existence of an ASBO and other restraints on the son preclude a possession order
  3. 3 Whether the landlord must apply to court for permission before seeking a warrant of possession

Ratio Decidendi

It was reasonable to make a suspended order for possession against the tenant due to serious and persistent nuisance caused by her son, despite her inability to control him and her disability. The existence of an ASBO and other restraints did not preclude such an order. However, due to the defendant's disability, the landlord must apply to the court for permission before seeking a warrant for possession.

Court Disposition

Appeal dismissed in substance; order varied to require landlord to seek court permission before applying for warrant of possession.

Orders

  • Suspended order for possession affirmed, but varied to require claimant to apply to court on notice to defendant and litigation friend before seeking a warrant of possession.