North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 (22 July 2008)

North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 (22 July 2008)

The judge was entitled to find, on the facts, that the respondent's convictions and conduct did not make it reasonable to grant a possession order under Grounds 12 or 14; there was insufficient evidence of nuisance or ongoing breach, and the evaluation of reasonableness was not plainly wrong.

Citation
[2008] EWCA Civ 840
Parties
Appellant: North Devon Homes Ltd; Respondent: Nova Batchelor
Jurisdiction
England and Wales
Judgment Date
22 July 2008
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Possession Proceedings, Breach of Tenancy, Illegal Activity, Reasonableness of Possession Order
Housing Law Landlord and Tenant Possession Proceedings Breach of Tenancy Illegal Activity Reasonableness of Possession Order

Case Brief

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Parties

North Devon Homes Ltd

Appellant

Nova Batchelor

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether it was reasonable to make a possession order under Grounds 12 and 14 of Schedule 2, Housing Act 1988
  2. 2 Whether the judge erred in dismissing the claim for possession based on illegal activity and breach of tenancy

Ratio Decidendi

The judge was entitled to find, on the facts, that the respondent's convictions and conduct did not make it reasonable to grant a possession order under Grounds 12 or 14; there was insufficient evidence of nuisance or ongoing breach, and the evaluation of reasonableness was not plainly wrong.

Court Disposition

appeal dismissed

Orders

  • No possession order granted under Grounds 12 or 14; claim for possession under Ground 10 adjourned to March 2008.