Raglan Housing Association Ltd v Fairclough [electronic resource]
Raglan Housing Association Ltd v Fairclough [electronic resource]
- 2008
[2007] EWCA Civ 1087, 25 October 2007. Considers whether the provisions of the Housing Act 1988 Schedule 2 permitting landlords to seek possession from assured tenancies could be applied to an offence committed prior to the commencement of a tenancy. The appellant (F) held an assured tenancy on a residence with the respondent housing association (R), and had previously been a tenant of a nearby residence. He was convicted of offences involving the possession and duplication of indecent images of children. R sought possession of his residence and this was granted under the aforementioned Schedule. F appealed, arguing that the offence had taken place prior to the commencement of this tenancy. "Held": Although the offence did not take place within the tenancy, the Schedule was concerned with his behaviour in the vicinity, where he had previously resided, both during and prior to the tenancy. Moreover, it was accepted that his behaviour was likely to be annoying or intimidating to his neighbours in an ongoing capacity. The language of para. (b) (ii) did not imply restriction of its effects to the period of the tenancy, nor did Parliament appear to have intended this. Appeal dismissed.
RAGLAN HOUSING ASSOCIATION LTD V FAIRCLOUGH
HOUSING ACT 1988 SCH 2
England and Wales--1543-
[2007] EWCA Civ 1087, 25 October 2007. Considers whether the provisions of the Housing Act 1988 Schedule 2 permitting landlords to seek possession from assured tenancies could be applied to an offence committed prior to the commencement of a tenancy. The appellant (F) held an assured tenancy on a residence with the respondent housing association (R), and had previously been a tenant of a nearby residence. He was convicted of offences involving the possession and duplication of indecent images of children. R sought possession of his residence and this was granted under the aforementioned Schedule. F appealed, arguing that the offence had taken place prior to the commencement of this tenancy. "Held": Although the offence did not take place within the tenancy, the Schedule was concerned with his behaviour in the vicinity, where he had previously resided, both during and prior to the tenancy. Moreover, it was accepted that his behaviour was likely to be annoying or intimidating to his neighbours in an ongoing capacity. The language of para. (b) (ii) did not imply restriction of its effects to the period of the tenancy, nor did Parliament appear to have intended this. Appeal dismissed.
RAGLAN HOUSING ASSOCIATION LTD V FAIRCLOUGH
HOUSING ACT 1988 SCH 2
England and Wales--1543-