a very Poplar decision
On 16 March 2012, in the case of Byrne v Poplar Housing and
Regeneration Community Assocation Ltd, tenants appealed
against a decision refusing relief from sanctions and upholding an
earlier debarring decision, and granting the landlord
possession.
The facts were that B was an assured tenant of Poplar (P). It
was alleged that B played loud music, there was hammering and
banging on the walls, excrement and other items had been thrown
from the property and that recordings of neighbours had been made
which were sometimes replayed at high volume.
P brought possession proceedings against B who failed to comply
fully with directions for exchange of witness statements and
disclosure of DVD evidence. As a result, an order was made
preventing B from defending the matter. B submitted that the judge
made errors of law and principle, and his refusal to set aside the
debarring order was disproportionate as the effect was to deprive B
permanently of their home.
The Court of Appeal said that:
- a challenge to the exercise of a judge's discretion could
not be successful unless it was shown that it was wrong in
principle or plainly wrong; there was no basis for saying so in the
instant case
- there had been an undeniable failure by B to comply with the
order of the court. The judge had taken all relevant matters into
account including B's rights under the European Convention on Human
Rights art.8 when refusing to set aside the debarring order. There
had been no offer on B's part that the anti-social behaviour would
not occur in the future and they had denied that the allegations
against them had taken place
- there was no basis for setting the judge's decision aside.
what this means for social landlords
Another good decision! The Court of Appeal backed up robust
attitude of the trial judge, who refused to allow the tenants to
delay the proceedings by failing to comply with court orders to
provide information/documentation to the landlord.
Also, the claim that the human rights of the tenant had been
breached, (as a consequence of this robust attitude), were given
short shrift.
