PART 1
In Part 1 of this article, Lis Bradshaw looks at the latest developments allowing landlords to pursue antisocial behaviour litigation (on the back of “rent possession proceedings”.
In a recent Court of Appeal case, it was decided that a court could consider other bad behaviour/breaches of tenancy when deciding whether it should suspend a warrant for possession, even though the application for possession was made on the basis of rent arrears only.
When possession proceedings are sought for rent arrears and at the hearing a suspended possession order is made – in terms, for example, that the tenant do pay current rent and £2.70 per week off the arrears. If the tenant then defaults, a warrant can be applied for. The tenant can apply to the court to suspend that warrant. Generally the first couple of suspension applications will be granted by a court.
Prior to this decision, even if a tenant was causing antisocial behaviour, a court on the suspension application would not take this into account.
The decision establishes that other breaches of tenancy/antisocial behaviour can be considered by the court when considering whether to suspend the warrant.
It was suggested the court considering the application should bear in mind the following:
- Is it reasonable to evict and consider the tenant’s human rights. The need to deal with applications quickly and fairly.
- The need for the tenant to have notice of the allegations. Whether the landlord had or had not included the allegations in the original proceedings. If yes, then a district judge should definitely consider the further breaches.
- Whether the allegations were in existence before the possession order was made. If this is the case, the judge should consider excluding them from the suspension application.
- The practicalities of hearing the application.
- The imbalance of power between the landlord and tenant, and the landlord’s obligations to other tenants.
Summary
If you wish to reply on a further breach of tenancy to oppose a suspension application, the breach must therefore be significant and be notified to the tenant (possibly by service of a notice seeking possession) prior to the hearing.
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