Nicholas Dobson analyses housing possession proportionality
In an interesting development, the High Court last month upheld a 12 March county court decision that in the particular circumstances, it would not be proportionate to grant Southend-on-Sea District Council a possession order in relation to one of its tenant’s introductory tenancies in light of his abusive and aggressive conduct (Southend-on-Sea Borough Council v Armour [2012] EWHC (Admin)). According to Garden Court Chambers, in dismissing the council’s appeal, Cranston J said that the recorder had balanced all the factors, weighing for and against it being proportionate to grant possession, and had given a “model judgment”, showing how these cases should be dealt with.
Such findings have rarity value and this is apparently the first occasion on which a court on appeal has upheld a possession claim dismissal on the basis of the European Convention on Human Rights. Following Manchester City Council v Pinnock [2010] UKSC 45, while courts in considering whether to grant possession orders sought by local and other public authorities have power to
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