Northern Ireland Housing Executive v Carson [2025] NICh 10 (08 December 2025)

Northern Ireland Housing Executive v Carson [2025] NICh 10 (08 December 2025)

NIHE's decision not to refer the defendant's case for discretionary tenancy was lawful, all relevant information was considered, no breach of duty occurred, and the order for possession is proportionate given the defendant's circumstances and the pressing need for fair allocation of scarce social housing.

Citation
[2025] NICh 10
Parties
Plaintiff/respondent: Northern Ireland Housing Executive; Defendant/appellant: Grainne Carson
Jurisdiction
Northern Ireland
Judgment Date
08 December 2025
Procedural Posture
Appeal From County Court Possession Order / Judgment on Appeal
Outcome
Appeal dismissed; possession order affirmed; decree for arrears varied
Legal Topics
Succession of Tenancy, Article 8 ECHR, Proportionality, Judicial Review Grounds, Allocation of Social Housing
Housing Law Human Rights Law Administrative Law Succession of Tenancy Article 8 ECHR Proportionality Judicial Review Grounds Allocation of Social Housing

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Parties

Northern Ireland Housing Executive

Plaintiff/respondent

Grainne Carson

Defendant/appellant

Procedural Posture

Appeal From County Court Possession Order / Judgment on Appeal

Legal Issues

  1. 1 Whether NIHE's refusal to refer for discretionary tenancy was lawful
  2. 2 Whether NIHE breached duty of inquiry
  3. 3 Whether possession order is disproportionate under Article 8 ECHR

Ratio Decidendi

NIHE's decision not to refer the defendant's case for discretionary tenancy was lawful, all relevant information was considered, no breach of duty occurred, and the order for possession is proportionate given the defendant's circumstances and the pressing need for fair allocation of scarce social housing.

Court Disposition

Appeal dismissed; possession order affirmed; decree for arrears varied

Orders

  • Possession order affirmed
  • Decree for arrears in favour of NIHE for £576.60