West Kent starter tenancies stand up to ‘Pinnock’ defence

11 Aug 2011

West Kent Housing Association announced today that it has won its recent case against Mr Alan Grant. West Kent was represented by Hardwicke’s Dean UnderwoodDean was instructed by Daniel Skinner, Head of Housing at Batchelors Solicitors.

The case of West Kent Housing Association v Grant exemplifies the procedure by which, according to the Supreme Court, most Article 8 defences to public authority possession claims should be dismissed.  Mr Grant had a starter tenancy of a West Kent property.  As a result of his anti-social behaviour, West Kent sought possession of it.  Mr Grant’s main defences were (a) a public law defence challenging the process by which West Kent had decided to evict him and (b) an Article 8 defence challenging the decision to evict him as disproportionate.  The court applied the Supreme Court’s opinions in Pinnock and Powell.  Having read (but not heard) the parties’ evidence and heard submissions, it dismissed the defences summarily.  As Mr Grant had signed up to a starter tenancy, knew the consequences of breaching its terms and had admitted a course of anti-social behaviour, his Article 8 defence was not seriously arguable.  Moreover, he had not been prejudiced by the way in which West Kent had made its decision to evict him.

Please click here to read the announcement on West Kent’s website.

This case was also reported in various publications. Please click on the links to read a copy of the reports.

Inside Housing – Please click here

Local Government Lawyer – Please click here

South East Housing News – Link no longer available

The Mirror online – Please click here

This is Kent – Link no longer available