Social Housing Case Bulletin

Welcome to the April issue of our case law update

Our social housing team are delighted to share recent cases from the higher jurisdiction courts in England and Wales that are relevant to the affordable housing sector.

We trust that this update will be helpful and we welcome any queries or further help that we can provide by contacting the partners mentioned below.

Keeping abreast of the latest case law is an important aspect of advice to our clients in delivering the highest quality legal services and we trust you will find this a useful update within your business.

Peabody Trust v Offomah

Case No. G00BR641

Bromley County Court

22 December 2020

Anti-social behaviour – Breach of injunction – COVID-19 restrictions – Sentencing

The Defendant was subject to the terms of an anti-social behaviour injunction which prohibited him from having any visitors to his flat, following complaints of gatherings of people and related noise nuisance. The problem was exacerbated by concerns related to the COVID pandemic and the importance of social distancing. There had been subsequent breaches involving two people on two occasions. Given the level of culpability and harm, the judge handed down a custodial sentence of ‘time served’ as the Defendant had already spent six days in custody. Read transcript >>

Poplar HARCA v Tack

Case No. G01EC872

Clerkenwell & Shoreditch County Court

29 January 2021

Anti-social behaviour – Breach of injunction – Sentencing

The Defendant was bound by the terms of an anti-social behaviour injunction. He had breached the terms of the injunction two months after it had been made and on seven occasions, which the judge grouped into three events. There had been significant noise nuisance and there were no mitigating circumstances. A custodial sentence of six weeks’ imprisonment was handed down. Read transcript >>

Sutton v Norwich City Council

[2021] EWCA Civ 20 Court of Appeal

13 January 2021

Housing – House in Multiple Occupation (HMO) – Penalties

The Appellant challenged a decision of the Upper Tribunal (UT) concerning the level of penalties imposed on him under s.249A of the Housing Act 2004 for breaches of the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007. The imposition of civil penalties by local housing authorities as an alternative to prosecution for a housing offence was recent and was considered by the Court of Appeal for the first time. The UT had been satisfied that the penalties were “necessary to reflect the seriousness of the offences” and were “proportionate to the risks to which the large numbers of residents … were exposed over a lengthy period”. The significantly greater aggregate penalty on the Appellant reflected his responsibility, his personal knowledge and his greater ability to pay. The penalties could not be impugned. Appeal dismissed. Read transcript >>

Taylor v Slough Borough Council

[2020] EWHC 3520 Chancery Division

21 December 2020

Local authorities’ powers and duties – Public Sector Equality Duty – Disability

The Defendant local authority instigated possession proceedings based on the Claimant’s anti-social behaviour. An Equality Act assessment had taken place, but had failed to consider the Claimant’s disabled status. The Council had subsequently cured the breach when learning of the disability. The Claimant contended that the Council had breached their Public Sector Equality Duty (PSED), as imposed by s.149 of the Equality Act 2010, as no further formal assessment had taken place. The main issue was whether there had been a breach of the PSED and, if so, whether any subsequent compliance had cured the original breach; and whether the Judge should have granted a possession order. The Council had taken steps to meet the Claimant’s needs in light of her disability and thus had met their PSED requirements. Appeal dismissed. Read transcript >>