March 25, 2011
The Supreme Court in the cases of Hounslow v Powell, Leeds v Hall and Birmingham v Frisby [2011] has stated that councils and housing authorities are required to consider whether it is proportionate to evict occupants who have introductory tenancies or license agreements, as well as secure tenancies.
The judge stated that, in accordance with previous judgments of the European Court of Human Rights, any eviction decision had to strike the correct balance between the tenant’s rights and the property rights and duties of the property owner.
Introductory licences are often given to tenants who are disruptive or have been engaged in anti social behaviour. However, even though they are meant to be less secure than other forms of tenancy, the decision to evict must be proportionate to the legitimate aim sought to be achieved. So if the problem can be dealt with by other, less drastic means, these should be pursued instead.
A property solicitor can provide further advice and assistance to landlords and tenants.
