A woman suffering from a psychotic illness that led her verbally to abuse her neighbours has successfully challenged a county court order for her eviction from her Devon home.
David Steel J has ruled that a Barnstaple County Court judge, Mr Recorder Turner, erred in ordering Christine Brazier to give up possession of her home in Balls Corner, Burrington, after her landlord, North Devon Homes Ltd, sought to evict her. The judge held that such an order would constitute discrimination on the ground of disability.
The landmark ruling could weaken both the right of landlords to evict troublesome tenants and the right of people to enjoy their homes without harassment from hostile neighbours.
Brazier allegedly engaged in persistent anti-social behaviour that included shouting, swearing and making rude gestures at neighbouring residents, keeping neighbours awake at night by banging and shouting, and generally causing nuisance and annoyance in the neighbourhood.
The county court recorder ordered that Brazier, who had previously been rehoused because of her behaviour, surrender possession of her home. He held that it was not reasonable to force other tenants to tolerate her behaviour, and that there was little chance of improvement, circumstances that he maintained outweighed the anti-discrimination provisions in the Disability Discrimination Act 1995.
Overturning the decision, the High Court has ruled that the eviction moves constituted discrimination on the ground of disability, namely a “mental impairment” that had a substantial and long-term effect upon Brazier’s ability to carry out normal daily activity.
The judge said: “Any fair reading of the material demonstrates that the overwhelming preponderance of her bizarre and unwelcome behaviour is attributable to her mental illness, which forms her disability.” He added that, despite her apparent hostility, there was “no evidence of her being an actual physical risk”.
North Devon Homes Ltd v Brazier Queen’s Bench Division (David Steel J) 28 March 2003.
Mark Treneer (instructed by Trowers & Hamlins, of Exeter) appeared for the claimant; John Virgo (instructed by Slee Blackwell, of Exeter) appeared for the defendant.
References: PLS News 1/4/03
