Possession order for antisocial behaviour

New Charter Housing (North) Ltd v Ash croft CA SJ 26 March

This is a rare example of the Court of Appeal interfering with a judge’s exercise of discretion. The claimant obtained a possession order against the defendant because of the behaviour of her 17-year-old son, involving a long series of harassment and incidents against neighbours. An interim antisocial behaviour order (ASBO) was followed by further incidents resulting in a final ASBO which was followed by yet further incidents, as a consequence of which the son had been sentenced to a detention and training order. Although the judge found it to be one of the clearest cases for making a possession order, he was of the view that the defendant should have the opportunity of demonstrating that she was able to curb her son’s conduct upon his release and in these circumstances it was reasonable to suspend the order for possession subject to conditions. The landlord appealed against the suspension of the order for possession.