For several years, the case of Sheffield City Council v Hopkins has meant that where a landlord already has a possession order for rent arrears but then applies for a warrant, they can ask the Court to take anti-social behaviour (ASB) into consideration (in addition to the tenants payment history) when deciding whether or not to suspend the warrant.
The case of Midland Heart Limited v Burns and CA has raised questions about this and whether such an approach can work in more complicated situations. Examples might include situations where the tenant is disabled, or where the perpetrator of the ASB is not the tenant but an adult or child who is not a party and also has a disability.
In this case, Midland Heart had a possession order based for rent arrears and later sought a warrant. The tenant applied to stay the warrant. The landlord raised issues of ASB, the condition of the property and drug use at the property. The District Judge found that Sheffield v Hopkins applied and that the landlord could rely on those allegations.
Subsequently, the tenant’s son (CA) applied through the official solicitor to be joined as a party. The reason why the official solicitor became involved was because CA was disabled. The Court allowed CA to be joined as a party and CA sought to raise an Equality Act defence to the eviction and to have the original possession order set aside in order to raise a disability defence.
The Court was asked to consider two issues – whether the Sheffield v Hopkins approach is appropriate where an Equality Act defence had been raised by a newly joined non-tenant party and whether the possession order should be set aside.
The Court decided that there was no realistic prospect of either the tenant or her son successfully defending the original possession order made in 2014 on grounds of rent arrears, so it was not appropriate to set aside the possession order.
This left the question of the Equality Act defence. The Judge was of the view that the landlord should be prepared to provide more than a “position statement” and that a fresh claim would have to be brought on the ASB grounds, with details given as a justification for the decision making. The ASB grounds would not be considered under the existing possession order. This also meant that the stay of eviction hearing on the rent arrears possession order would be re-listed.
Whilst this is a County Court judgment from a Circuit Judge and therefore not binding, it does seem that Courts are going to be reluctant to allow landlords to use Sheffield City Council v Hopkins where an Equality Act defence is raised.
