Nuisance by former tenants

In 1997 a possession order was made against a tenant because of arrears of rent. The order was "suspended" on terms that she cleared her arrears but those terms were later breached. The order ended the tenancy. The HAT obtained a warrant to carry out an eviction but the former tenant applied for a "stay". The HAT opposed this and relied on evidence that there had been drugs at the premises and nuisance. The local judge decided that, although the allegations had been proved, the former tenant had not personally dealt drugs and the matters were not recent. The arrears alone would not justify eviction. Having regard to both the human right to "respect" for a home and the fact that the household included a baby, the judge decided immediate eviction would not be appropriate. The HAT appealed.

The appeal was dismissed. The High Court decided that the judge had rightly taken into account the human rights of the tenant and he had properly exercised his discretion in granting a stay.