It’s not always possible to evict disorderly tenants
Landlords should take note of the recent case of North Devon Homes v Brazier [2003] EWHC 574 (QB); [2003] 22 EG 141. Mrs Brazier was a tenant of North Devon Homes Ltd, and suffered from a paranoid psychosis. This condition caused her to behave in a hostile and abusive way to her neighbours. The landlord took her to court to terminate her tenancy, but Mrs Brazier pointed to the prohibition in the Disability Discrimination Act 1995 against evicting disabled persons for a reason relating to their disability. Eviction might have been justified if the situation was such as to endanger the neighbours’ health or safety, but the Court of Appeal decided that it was not. Working with the relevant care agencies to find a way of modifying or reducing unacceptable conduct offers no guarantees, but there may be landlords who are prepared to give it a go. Otherwise, the only way for landlords to limit their exposure to this kind of headache is to grant tenancies for short periods only.
Mark Shelton, professional support lawyer at DLA
It’s not always possible to evict disorderly tenants
Landlords should take note of the recent case of North Devon Homes v Brazier [2003] EWHC 574 (QB); [2003] 22 EG 141. Mrs Brazier was a tenant of North Devon Homes Ltd, and suffered from a paranoid psychosis. This condition caused her to behave in a hostile and abusive way to her neighbours. The landlord took her to court to terminate her tenancy, but Mrs Brazier pointed to the prohibition in the Disability Discrimination Act 1995 against evicting disabled persons for a reason relating to their disability. Eviction might have been justified if the situation was such as to endanger the neighbours’ health or safety, but the Court of Appeal decided that it was not. Working with the relevant care agencies to find a way of modifying or reducing unacceptable conduct offers no guarantees, but there may be landlords who are prepared to give it a go. Otherwise, the only way for landlords to limit their exposure to this kind of headache is to grant tenancies for short periods only.
Mark Shelton, professional support lawyer at DLA
