Love thy neighbour

Posted: 14th April 2012

Two recent decisions of the Court of Appeal have shown how difficult it can be for a tenant on an introductory or ‘starter’ tenancy to prevent a social landlord from obtaining possession if the tenant’s behaviour warrants the landlord’s action.
Tower Block
In the first case, complaints of excessive noise, nuisance and indecent exposure were made. In the second case, the grounds for seeking repossession were noise and arrears of rent.
Both applications for possession were granted after being opposed on the basis that possession by the landlord would breach the provisions guaranteeing respect for family and private life (which includes respect for home life) under Article 8 of the Human Rights Act 1998.
The Court stressed that in such cases a balancing exercise must be carried out to weigh up the individual rights of the tenant and the rights of their neighbours.