History of violence

Djilali Hadjzi was a tenant of Metropolitan Housing Trust and had a history of physical violence and threats towards his family. In 2006, he left his wife and moved from the property but the violence continued and in 2007, Mr Hadjzi’s wife and children moved out. Mr Hadjzi then moved back into the property.

Metropolitan sought possession of the property on various grounds, including ground 14A of the Housing Act 1988 relating to domestic violence. The first instance judge held ground 14A only applied while the tenant and his wife were living in the property as a couple so would not apply in this case as the violence and threats occurred after they had ceased to live together.

Metropolitan appealed this decision and the Court of Appeal considered there was nothing ambiguous about ground 14A. It did not expressly state or imply that the parties to the relationship had to live together as a couple at the date of the causative violence or the relevant triggering event.
The court said: ‘Why should the timing of departure from the property by the victim of the violence make any difference to the availability of that ground of possession to the landlord?’

The court continued by expressing great concern over the idea that a perpetrator of physical violence could obtain statutory protection simply because the violence forced a victim to flee only after that perpetrator had left. Accordingly, the first instance judge’s refusal to grant a possession order was wrong and the matter has been remitted for reconsideration in light of this.

Ian Larkins is a solicitor in the social housing team at Weightmans
Ian.larkins@weightmans.com

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