Knowsley Housing Trust v McMullen

Knowsley Housing Trust v McMullen

The court held that an order for possession, suspended on terms relating to the behaviour of both the tenant and her son, was reasonable and justified given the serious and persistent nuisance, despite the tenant's inability to control her son and her disability. However, due to the tenant's disability, the landlord must apply to the court for permission before seeking a warrant of possession.

Parties
Claimant/respondent: Knowsley Housing Trust; Defendant/appellant: Anita McMullen
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Civil Appeal / Appeal From Liverpool County Court Decision on Possession Order
Outcome
Appeal dismissed except as to the procedure for obtaining a warrant of possession.
Legal Topics
Possession Proceedings, Nuisance, Disability Discrimination, Suspended Possession Orders, Anti Social Behaviour Orders (asbo)
Landlord and Tenant Law Disability Law Possession Proceedings Nuisance Disability Discrimination Suspended Possession Orders Anti Social Behaviour Orders (asbo)

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Parties

Knowsley Housing Trust

Claimant/respondent

Anita McMullen

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Liverpool County Court Decision on Possession Order

Legal Issues

  1. 1 Whether an order for possession should be made against a disabled tenant unable to control her son causing nuisance
  2. 2 Whether the existence of an ASBO and other restraints on the son should preclude or affect the making or terms of a possession order
  3. 3 Whether the landlord should be required to apply to court for permission before seeking a warrant of possession

Ratio Decidendi

The court held that an order for possession, suspended on terms relating to the behaviour of both the tenant and her son, was reasonable and justified given the serious and persistent nuisance, despite the tenant's inability to control her son and her disability. However, due to the tenant's disability, the landlord must apply to the court for permission before seeking a warrant of possession.

Court Disposition

Appeal dismissed except as to the procedure for obtaining a warrant of possession.

Orders

  • Order for possession suspended on terms that neither the defendant nor her son cause nuisance or annoyance.
  • Landlord must apply to the court, on notice to the defendant and her litigation friend, for permission before seeking a warrant of possession.