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 assess the proportionality of making such an order, and in
