Knowsley Housing Trust v Prescott & Anor

Knowsley Housing Trust v Prescott & Anor

The trial judge erred in principle by failing to give sufficient weight to the seriousness and scale of Mr. Prescott's drug offences in the locality, by placing undue emphasis on the absence of drug activity at the house itself, and by not requiring cogent evidence that such conduct would not recur. In the absence...

Source-derived case information.

Parties
Appellant: Knowsley Housing Trust; First Respondent: Paul Prescott; Second Respondent: Linda Prescott
Jurisdiction
England and Wales
Judgment Date
30 April 2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Possession Proceedings, Assured Tenancy, Criminal Conviction as Ground for Possession, Postponement of Possession Order, Reasonableness Test, Discretion of Trial Judge, Anti Social Behaviour, Public Housing Management
Landlord and Tenant Housing Law Criminal Law Possession Proceedings Assured Tenancy Criminal Conviction as Ground for Possession Postponement of Possession Order Reasonableness Test +3 more

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Parties

Knowsley Housing Trust

Appellant

Paul Prescott

First Respondent

Linda Prescott

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in postponing a possession order following a tenant's conviction for serious drug offences committed in the locality of the dwelling.
  2. 2 Whether the judge failed to properly weigh the seriousness of the offences and the absence of evidence that the conduct would cease.
  3. 3 Whether the judge erred in not making findings on Mrs. Prescott's knowledge of her husband's activities and in the approach to costs.

Ratio Decidendi

The trial judge erred in principle by failing to give sufficient weight to the seriousness and scale of Mr. Prescott's drug offences in the locality, by placing undue emphasis on the absence of drug activity at the house itself, and by not requiring cogent evidence that such conduct would not recur. In the absence of such evidence, and given the Housing Trust's duty to manage its properties and protect the community, an outright order for possession is proportionate and required.

Court Disposition

appeal allowed

Orders

  • Outright order for possession granted to Knowsley Housing Trust.
  • No change to the costs order as regards Mrs. Prescott.