Key Facts
- •Two appeals heard together concerning landlord possession of dwelling houses due to tenant anti-social behaviour resulting in serious offense convictions.
- •Hajan v Brent: Secure tenancy under Housing Act 1985; tenant convicted of criminal damage; landlord sought possession on mandatory ground under section 84A after initial proceedings on discretionary grounds.
- •Poplar HARCA v Kerr: Assured tenancy under Housing Act 1988; tenant's son convicted of firearm offense; landlord sought to convert suspended possession order (originally for rent arrears) into an outright order based on the mandatory ground in section 7A.
Legal Principles
Purposive interpretation of statutes is crucial, focusing on the legislation's purpose.
Bennion Bailey & Norbury on Statutory Interpretation (8th ed para 12.2), Barclays Mercantile Business Finance Ltd v Mawson [2004] UKHL 51, Kostal UK Ltd v Dunkley [2021] UKSC 47, Rossendale Borough Council v Hurstwood Properties (A) Ltd [2021] UKSC 16
Mandatory grounds for possession under Housing Acts 1985 and 1988 expedite evictions for anti-social tenants, offering faster relief to victims and saving resources.
Anti-social Behaviour, Crime and Policing Act 2014: Anti-social behaviour powers Statutory Guidance for frontline professionals (revised edition March 2023)
Court's power to suspend or vary possession orders (Sections 85 of 1985 Act and 9 of 1988 Act): Courts have wide discretion, considering even matters not in original proceedings, and can convert conditional orders into outright orders if justified.
Sheffield City Council v Hopkins [2001] EWCA Civ 1023, Manchester CC v Finn [2002] EWCA Civ 1998, Burrows v Brent LBC [1996] 1 WLR 1448, Plymouth CC v Hoskin [2002] EWCA Civ 684
Strict compliance with statutory notice requirements for mandatory grounds (Sections 83ZA and 83A of 1985 Act): Landlords must serve notice specifying a date after which proceedings can begin; proceedings must commence after that date.
Lower Street Properties Ltd v Jones (1996) 28 HLR 877
Outcomes
Appeal in Hajan v Brent dismissed.
The court interpreted "proceedings" purposively, allowing amendment of existing proceedings to include the mandatory ground under section 84A, provided the amendment takes effect after the date specified in the section 83ZA notice. The court's power to specify the effective date of the amendment avoids the need for fresh proceedings.
Appeal in Poplar HARCA v Kerr dismissed.
The court held that section 9 of the 1988 Act allows the court to vary a suspended possession order (even one originally based on discretionary grounds) to an outright order based on a subsequently arisen mandatory ground. This aligns with the purposive interpretation of the Act and avoids unnecessary fresh proceedings. The court can discharge conditions of suspension and set a new date for possession.