Human Rights & Possession

A landmark decision has been reached in the case of Southend-on-Sea Borough Council v Armour [2012] EWHC 3361 (QB) on the impact of a tenant's human rights on a possession claim for a property subject to an introductory tenancy.

Under Section 125 Housing Act 1996, an introductory tenancy is one which is granted for 12 months, and if it is not terminated within this time, it is converted into a standard Local Authority tenancy on the same terms. Mr Armour was granted an introductory tenancy by Southend Borough Council in January 2011. However, within two months, three complaints had been made against him for antisocial / abusive behaviour towards a neighbour, contractors and also a member of council staff. This breach of the terms of the tenancy caused the council to initiate possession proceedings against him.

Due to various adjournments at the request of the tenant, the claim was not heard...