Accent Peerless Ltd v Kingsdon & Anor

Accent Peerless Ltd v Kingsdon & Anor

The trial judge properly considered the pattern of nuisance behaviour, the alleged abatement, the psychiatric evidence, and all relevant circumstances. He was entitled to conclude that the risk of recurrence remained and that an immediate possession order was reasonable and proportionate. No error of law or principle was shown.

Parties
Claimant: Accent Peerless Limited (formerly Surrey Heath Housing Association Limited); Defendant/appellant: Mrs Patricia Kingsdon; Defendant/appellant: Miss Karen Kingsdon
Jurisdiction
England and Wales
Judgment Date
12 December 2007
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Nuisance, Reasonableness of Possession Order, Mental Disability and Tenancy, Suspension of Possession Orders
Landlord and Tenant Law Housing Law Civil Procedure Possession Proceedings Nuisance Reasonableness of Possession Order Mental Disability and Tenancy Suspension of Possession Orders

Case Brief

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Parties

Accent Peerless Limited (formerly Surrey Heath Housing Association Limited)

Claimant

Mrs Patricia Kingsdon

Defendant/appellant

Miss Karen Kingsdon

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in failing to take into account an alleged abatement in the behaviour complained of when making a possession order and in declining to suspend the order
  2. 2 Whether it was reasonable and proportionate to make an immediate possession order given the circumstances, including the defendants' mental health and the history of nuisance

Ratio Decidendi

The trial judge properly considered the pattern of nuisance behaviour, the alleged abatement, the psychiatric evidence, and all relevant circumstances. He was entitled to conclude that the risk of recurrence remained and that an immediate possession order was reasonable and proportionate. No error of law or principle was shown.

Court Disposition

Appeal dismissed

Orders

  • Immediate possession order in favour of the claimant stands
  • No suspension of the possession order