Fareham Borough Council v Miller
The Council was justified in serving the notice to quit and seeking possession due to persistent criminal and anti-social behaviour associated with the flat. Mr Miller's personal circumstances did not meet the high threshold for a proportionality review under Article 8 ECHR, and the Council's actions were neither Wednesbury unreasonable nor disproportionate.
- Parties
- Appellant: Fareham Borough Council; Respondent: Terry Miller
- Jurisdiction
- England and Wales
- Judgment Date
- 06 March 2013
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Possession Proceedings, Non Secure Tenancy, Article 8 ECHR, Proportionality Review, Wednesbury Unreasonableness
Case Brief
Summary, issues, holding and outcome
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Parties
Fareham Borough Council
Appellant
Terry Miller
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Council's decision to seek possession was reasonable and proportionate under Article 8 ECHR
- 2 Whether the notice to quit was legally effective to terminate the tenancy
- 3 Whether Mr Miller's personal circumstances justified a proportionality review
Ratio Decidendi
The Council was justified in serving the notice to quit and seeking possession due to persistent criminal and anti-social behaviour associated with the flat. Mr Miller's personal circumstances did not meet the high threshold for a proportionality review under Article 8 ECHR, and the Council's actions were neither Wednesbury unreasonable nor disproportionate.
Court Disposition
appeal allowed
Orders
- Order for possession granted in favour of Fareham Borough Council
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