Cases - North Devon Homes Ltd v Batchelor
Record details
- Name
- North Devon Homes Ltd v Batchelor
- Date
- [2008]
- Citation
- EWCA Civ 840
- Legislation
- Keywords
- Estate agency
- Summary
-
This case concerned a claim for possession of an assured tenancy. At county court, the claim was brought on grounds 10, 12 and 14 of the Housing Act 1988. While the claim resulted in a postponed possession order for ground 10 rent arrears, the circuit judge refused to make a possession order on grounds 12 (non-performance of obligation) and 14 (nuisance/arrestable offence) on the basis that it was not reasonable to do so.
North Devon appealed the decision, arguing that the judge:
- took into account an irrelevant matter;
- failed to consider a relevant matter; and
- failed to consider a relevant matter raised in the respondent’s evidence.
By the time of the substantive hearing, Ms B was released from prison and back at the property. Ms B gave oral evidence. North Devon apparently did not put forward witnesses at the hearing. In evidence Ms B admitted that she ‘may’ continue to use cannabis for pain relief (Ms B was 61 and in sheltered accommodation). The judge found that there was not sufficient evidence to establish nuisance under grounds 14(a) or 14(b)(i) immoral or illegal purposes. However, the conviction clearly fell under 14(b)(ii).
North Devon’s Homes appealed and the case went to the Court of Appeal.
14(a) had not been raised on appeal, but the judge dealt with the issue of visitors and rejected North Devon’s case. This decision was also not appealed.
North Devon’s evidence that Ms B would continue to use cannabis was no stronger than the ‘maybe’ that the judge had addressed. There was no reason for the Court of Appeal to find that Ms B would continue to smoke cannabis.