Think twice

In Barber v Croydon London borough council (February 11), the Court of Appeal ruled that pursuing possession proceedings against a tenant with a personality disorder was a decision that a reasonable housing authority should not have made in those particular circumstances. It also ruled that Croydon should have considered consulting specialist agencies and whether alternatives to possession could have stopped the problem.

In a one-off incident, council tenant Shane Barber had assaulted a caretaker. Mr Barber suffered from learning difficulties and a personality disorder. Croydon’s anti-social behaviour policy stated that the ASB team would work in partnership with other agencies, including social services and the integrated mental health service cases involving a vulnerable person. The psychiatric evidence given by these bodies suggested that Mr Barber’s disability was likely to have contributed to his behaviour and his life would be chaotic if he was evicted.

The court said that while in cases where risk of anti-social behaviour is unlikely to be stopped with anything less than possession being given, the requirement to consult specialist agencies ensures it would be confined to cases where it was necessary.

The court did not think that the council’s ASB manager had given any weight to the psychiatric report and there was no evidence that the landlord had considered the consequences of Mr Barber losing his flat.

Landlords must carefully consider whether they are complying with ASB policies, and should consult with specialist agencies prior to seeking possession, which should always be considered a last resort.

Sian Evans is a partner at Weightmans Sian.evans@weightmans.com

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