If you have received possession papers, check the hearing date now. In England and Wales the Housing Loss Prevention Advice Service offers free help from the point you have written notice that someone is seeking possession. Find housing advice and help at court.
Mr Pinnock had lived in his Manchester council home for more than thirty years. Serious incidents involving members of his family had led to the demotion of his tenancy. When the council later sought possession, a narrow reading of the legislation appeared to leave the judge with a limited task. Had the council followed the procedure? Mr Pinnock wanted the court to ask a further question. Was making him leave proportionate?
He established a principle and still lost his home case
The UK Supreme Court held that when a local authority asks a court for possession of someone’s home, the court must have the power to examine proportionality under Article 8. Where relevant facts are disputed, the court must be able to determine them. Ordinarily the occupier needs to raise the issue. Only a seriously arguable case requires detailed consideration.
The judges nevertheless upheld the possession order. Serious offences committed by Mr Pinnock’s sons during the period of the demoted tenancy weighed heavily. Time spent in the property mattered, but so did the impact on other people. This is why the result is worth reading as carefully as the principle. Read Manchester City Council v Pinnock [2010] UKSC 45.
Read the notice and the claim together
Identify the landlord, the type of tenancy, the grounds relied on and the dates. Put the allegation beside the evidence provided for it. If circumstances have changed since the notice, explain what changed and when. Relevant evidence might include a change in household members, support now in place or practical consequences for someone with a disability. Evidence that cuts against your account belongs in the file too.
Article 8 protects respect for the home. It does not guarantee that a tenant can stay, and the route described in Pinnock concerned a public landlord. A private landlord’s claim, a different tenancy or a case outside England and Wales requires separate consideration. Take the papers to a housing adviser even if you are still collecting documents.
For another example of how judges assess the effect of a decision on a family, read the child’s perspective in ZH (Tanzania).
