Cases - London & Quadrant Housing Trust v Root

Record details

Name
London & Quadrant Housing Trust v Root
Date
[2005]
Citation
EWCA Civ 43
Legislation
Keywords
Estate agency
Summary

Ms Root (R) (the sole tenant) resided at the property with her 3 children under an assured tenancy. Contrary to denials, R’s partner B (the father of her youngest child) also lived there. It was alleged that shortly after R moved into the property, B began to operate a car-scrapping business at the property at anti-social hours and was abusive and threatening to neighbours. This included threats to kill those who co-operated with the landlord and threats and intimidation towards the local housing officer.

After numerous letters to R and home visits, possession proceedings were commenced on the basis of nuisance and/or breach of the tenancy.

The landlord obtained a possession order in the county court on the ground of nuisance and then successfully resisted the tenant's appeal in the Court of Appeal.