The protection of council tenants from the anti-social behaviour of occupants in neighbouring properties has been considered by the High Court, in a case involving a suspended possession order obtained by Barnet London Borough Council.
In 2002, a non-molestation order was made against the husband of a woman who had been a secure tenant since 1975. The order followed racial abuse by the husband against neighbours who were also in local authority housing.
Despite the order, the husband continued to use threatening and intimidating behaviour towards the neighbours. In March 2003, a county court judge made a possession order in the council’s favour, which was suspended on condition that the husband left the property.
On appeal, the High Court was asked to consider whether, in the circumstances, the order should have been suspended or made active.
Peter Smith J held that the “overriding concern” of the courts was to protect innocent third parties whose enjoyment of their properties was threatened by intimidation.
The judge added, however, that the rights of secure tenants who were facing eviction, such as the wife in this instance, had to be taken into account. He said that it would be disproportionate to evict the woman from the property she had lived in for some 27 years.
The court varied the suspended order to incorporate an undertaking from the woman that she would not, as far as she was able, allow her husband to enter the property.
Barnet London Borough Council v Hurley Chancery Division (Peter Smith J) 11 March 2003.
Matthew Brunning (instructed by the solicitor to Barnet London Borough Council) appeared for the appellants; Scott Collins (instructed by Darryl Ingram & Co) appeared for the respondent.
References: PLS News 12/3/03
