Surrey Heath Housing Association v Kingsdon & Anor [2007] EWCA Civ 562 (18 May 2007)

Surrey Heath Housing Association v Kingsdon & Anor [2007] EWCA Civ 562 (18 May 2007)

Permission to appeal is granted only on the ground that the judge may have erred in failing to take into account the abatement of nuisance during 2006 and in failing to consider whether a suspended possession order would have been reasonable, given the circumstances.

Citation
[2007] EWCA Civ 562
Parties
Claimant/respondent: Surrey Heath Housing Association (now Accent Peerless Housing Limited); Defendant/appellant: Mrs Patricia Kingsdon; Defendant/appellant: Miss 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
Possession Proceedings, Ground 14 Housing Act 1988, Disability Discrimination Act 1995, Suspended Possession Orders, Nuisance and Annoyance
Housing Law Disability Discrimination Civil Procedure Possession Proceedings Ground 14 Housing Act 1988 Disability Discrimination Act 1995 Suspended Possession Orders Nuisance and Annoyance

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Parties

Surrey Heath Housing Association (now Accent Peerless Housing Limited)

Claimant/respondent

Mrs Patricia Kingsdon

Defendant/appellant

Miss Karen Kingsdon

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in granting an immediate unconditional possession order rather than a suspended order in light of the abatement of nuisance during 2006
  2. 2 Whether the conduct of the defendants amounted to nuisance or annoyance under ground 14 of Schedule 2 to the Housing Act 1988
  3. 3 Whether the requirements of the Disability Discrimination Act 1995 were satisfied

Ratio Decidendi

Permission to appeal is granted only on the ground that the judge may have erred in failing to take into account the abatement of nuisance during 2006 and in failing to consider whether a suspended possession order would have been reasonable, given the circumstances.

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 an amended version of ground 3 (relating to abatement of nuisance in 2006)