Possession for antisocial behaviour

New Charter, a registered social landlord, took possession proceedings against Ms Ashcroft, an assured tenant, relying on Ground 14 (nuisance). It proved that there had been serious antisocial behaviour. Several neighbours had been forced to move away. Ms Ashcroft's 17-year-old son had been subject to an interim ASBO and a full ASBO and had been sentenced to six months in custody for breach of it. Ms Ashcroft had issued threats to neighbours as to what would happen if she was evicted.

The local judge granted a possession order but suspended it for one year on the basis that the threat of eviction for any further nuisance would serve to restrain the tenant and her son.

The Court of Appeal allowed an appeal and substituted an outright possession order. The judge had been wrong to think a suspended order would change the behaviour when neither the possession proceedings nor the ASBO had achieved a change. The tenant's threat to neighbours, lack of remorse and failure to set out how she would control her son's behaviour justified her immediate eviction. Any other result would fail to protect the interests of neighbours.