Possession claim involving a nuisance behaviour

Paul acted for the local authority in a possession claim arising from nuisance behaviour by a tenant. The tenant raised a defence involving Human Rights issues and referring to their considerable vulnerabilities (including mental health and pregnancy) and alleged that the local authority were, or should have been, aware of the tenant’s condition from the outset of the tenancy.

The Court determined that possession should not be granted but put various processes in place to ensure that the tenants did not cause further issues with other vulnerable users of the accommodation.