Winch v Mid-Bedfordshire District Council
Mr and Mrs Winch were homeowners. Opposite the entrance to their property was an access road leading to a travellers' site run by the council. They complained about various antisocial activities of some of the site residents. These included: the racing of vehicles on their street, the dumping and firing of stolen vehicles, and the dumping of refuse on and around the site. They, other residents and the local MP, had often raised these concerns with the council.

The council denied responsibility. It said that site residents were prohibited from antisocial activities by the terms of their occupation agreements and that the council had done nothing to authorise or encourage such behaviour.

The judge decided that the council was liable. It had failed to tackle the problems emanating from the site. The council was responsible because the site residents were not tenants but simply licensees of their plots. He awarded £28,000 compensation.

Source

Housing Today

Reference

Practice points: Councils running travellers' sites must carefully consider this judgment. The case is also important for councils and RSLs that grant licences of accommodation rather than tenancies, for example in the case of hostel places.