Local Government - February 2009
Enforcing breaches of a demoted tenancy
The Court of Appeal in the case of
R (on the application of
Elizabeth Gilroy) v Liverpool City Council has decided
that the review procedure for reconsideration by a local housing
authority of a decision to terminate a demoted tenancy is
compatible with the European Convention on Human Rights.
Sian Evans at Weightmans considered the
initial judgment and the importance of Gilroy for local authorities
and social landlords for an article for Inside Housing 23 November
2007.
Mrs Gilroy was a secure tenant of Liverpool
City Council from December 1985 until Recorder Moran QC granted
demotion order on 8 June 2006 on the grounds of her sons anti
social behaviour and criminal convictions. Following the tenancy
being demoted the City Council received new allegations of anti
social behaviour arising from the conduct Mrs Gilroy’s son. A
decision was taken to terminate Mrs Gilroy’s demoted tenancy on the
basis of seven allegations of anti social behaviour.
Mrs Gilroy did not accept the new allegations
and sought to challenge the decision to terminate her tenancy and
requested a review of the decision to terminate. Mrs Gilroy
attended the review hearing without legal representation. A manager
in the Safer Neighbourhood Services Department heard evidence
presented by a solicitor employed by the Council and from Mrs
Gilroy who disputed all of the allegations. The Manager based his
decision to uphold the decision to terminate on the facts presented
to him at the review hearing.
Mrs Gilroy sought to judicially review the
internal decision making process as being incompatible with article
6 (right to a fair trial).
Local authorities and social landlords are not
required to establish facts as the landlord’s reasons for moving
for possession are not restricted to further occurrences. A
landlord may include other matters relating to the conduct of the
tenancy such as rent arrears when deciding whether or not to
exercise its discretion to terminate the tenancy. As by the time it
reaches the stage of deciding whether to terminate the tenant has
already had their day in court. Indeed Lord Justice Waller stated
that “tenants are, in effect, on probation.”
The onus however lies with the landlord to
satisfy the County Court that the procedures for seeking to
terminate a demoted tenancy have been complied with.
Andrew
Logan
Weightmans LLP