Content area
Full Text
[2005] EWCA Civ 1423
[2005] 48 EG 222 (CS)
Court of Appeal
Ward and Gage LJJ
24 November 2005
Tenant's son's anti-social behaviour - Existence of ASBO - Possession order - Whether reasonable to suspend possession order - Recorder seeking court's direction as to proportionality issue - Appeal allowed
The appellant local authority were the landlords of the property where the respondent lived with her three children. The tenancy agreement contained prohibitions on causing a nuisance or harassing other persons, and made the respondent responsible for the behaviour of all persons living in or visiting the property. One of her children, J, engaged in bullying behaviour, including assault, threats and vandalism, towards their next-door neighbour and her mentally disabled sons. That behaviour continued despite warnings given by the appellants to the respondent, the issuing of an injunction against her, and the making of an anti-social behaviour order (ASBO) against J. J was subsequently arrested, convicted of criminal damage and placed on an intensive supervision programme, which failed to control his behaviour.
The appellants sought possession against the respondent on...