000 01922cad a22002055a 4500
001 L142130
008 080124e20071101xxk f v 000 0 eng d
035 _a(Sirsi) u142130
041 0 _aeng
245 0 0 _aRaglan Housing Association Ltd v Fairclough
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aRAGLAN HOUSING ASSOCIATION LTD V FAIRCLOUGH
650 2 4 _aHOUSING ACT 1988 SCH 2
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES-ASSURED TENANCIES
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/1087.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79730
_d79730