Case could see social landlords toughen up on anti-social behaviour
Landlords could be forced to act on ASB
Landlords may have to take more action to protect tenants who complain about nuisance neighbours, the lawyer behind a potentially groundbreaking court case has warned.
Human rights lawyer Cameron Fyfe, a partner at Ross Harper, said his team will argue that social landlords have a ‘duty of care’ when dealing with anti-social behaviour complaints, in a case to be heard in the House of Lords in December.
‘If the House of Lords says that Glasgow has a duty of care in this case…it may lead to councils taking quicker and firmer action against bad tenants.’
Cameron Fyfe, partner at law firm Ross Harper
The court hearing will examine whether the family of James Mitchell, a Glasgow Council tenant killed by his neighbour in 2001, should be allowed to sue the local authority.
The family claims the council should have warned Mr Mitchell about a meeting in which his neighbour was threatened with eviction for his ASB. An hour after that meeting, he stoved Mr Mitchell’s head in with a stick, which led to his death.
Mr Fyfe said a win for the Mitchells might mean landlords facing similar claims: ‘The important decision is the House of Lords, because that will open the door for other similar claims.’
Robert Latham, a barrister at Doughty Street chambers, said the Mitchell case would be watched with interest. ‘The case highlights the need for [local housing authorities] to have effective policies to evict tenants responsible for nuisance and to protect vulnerable witnesses. A tenant has a right to feel safe and secure in their home.’
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Readers' comments (1)
Andrea Rose | 11/09/2008 12:13 pm
Managing ASB presents many challenges to Housing staff. Investigations to ensure there is no victimisation of vulnerable tenants as well as ensuring the safety of our residents.
There needs to be a joint approach with all agencies and excellent communications to ensure such tragedies are not repeated. It’s is very difficult for housing staff to predict what behaviour a tenant may exhibit and if there had been no previous report of violent behaviour what can you do. Admittedly I do not know the full details of this case. But the strain and responsibility placed on housing staff who do not always receive the joint support they need to manage their workloads adds to difficulties.
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