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Council's possession claim dismissed as disproportionate and giving insufficient notice
16 January 2012
A county court has dismissed a council's claim for possession on the basis that the time for termination of the tenancy in the notice to quit was insufficient by half a day and, in addition, the claim was not proportionate and was a breach of the tenant's rights under Article 8 of the European Convention on Human Rights.
The claim in the case of Chesterfield Borough Council v Bailey [2011] EW Misc 18 (CC) was based on the tenant’s rent arrears. However, rather than giving a full four weeks’ notice to expire on the last day at midnight, the council’s notice period amounted to three weeks and 6.5 days. The court ruled that this was not enough.
Further, the court held that, even if it was wrong on the matter of the notice period, the claim failed under Article 8 of the ECHR. The council's decision to evict the tenant and to rely on the notice to quit was not proportionate and was a breach of the tenant's human rights.
This case serves as an important reminder to landlords to ensure that the notice periods set out in notices to quit are absolutely right. Even an apparently minor error can render a claim entirely invalid.
As experienced landlord solicitors, we can assist you with all aspects of tenant evictions. You should contact Linda Strelzyn on 0116 257 6163 or refer to www.harveyingramonline.co.uk/tenant-eviction for details of our services and fees.
