Raglan Housing Association Ltd. v Fairclough

Raglan Housing Association Ltd. v Fairclough

Ground 14(b)(ii) of Schedule 2 to the Housing Act 1988 is not limited to offences committed during the currency of the tenancy; it applies to convictions for indictable offences committed in the locality before the tenancy commenced. The judge's decision to grant possession was correct as both statutory grounds were established and it was reasonable to make the order.

Parties
Respondent/claimant: Raglan Housing Association Ltd; Appellant/respondent: Alex Patrick Fairclough
Jurisdiction
England and Wales
Judgment Date
01 November 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Possession Proceedings, Statutory Interpretation, Grounds for Possession, Criminal Convictions and Tenancy
Landlord and Tenant Housing Law Possession Proceedings Statutory Interpretation Grounds for Possession Criminal Convictions and Tenancy

Case Brief

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Parties

Raglan Housing Association Ltd

Respondent/claimant

Alex Patrick Fairclough

Appellant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Does Ground 14(b)(ii) of Schedule 2 to the Housing Act 1988 apply to convictions for offences committed before the commencement of the tenancy?
  2. 2 Is it reasonable to grant possession based on the established grounds?

Ratio Decidendi

Ground 14(b)(ii) of Schedule 2 to the Housing Act 1988 is not limited to offences committed during the currency of the tenancy; it applies to convictions for indictable offences committed in the locality before the tenancy commenced. The judge's decision to grant possession was correct as both statutory grounds were established and it was reasonable to make the order.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; order for possession stands.