West Kent Housing Association defeats Pinnock defence in eviction case

West Kent Housing Association has won a Pinnock case over the eviction of a tenant for anti-social behaviour.

Alan Grant, who had a starter tenancy, argued that eviction was a disproportionate penalty for his conduct and that the process used was unlawful under Article 8 of the European Convention on Human Rights.

Grant also argued that West Kent could have taken alternative action, such as an anti-social behaviour injunction.

Tunbridge Wells County Court dismissed these arguments, with District Judge Hebblethwaite finding that Grant had agreed to a starter tenancy and knew the consequences of breaching its terms.

So-called ‘Pinnock’ cases arose after tenant Cleveland Pinnock took Manchester City Council to the Supreme Court last year, arguing that his eviction breached his human rights because it was ‘disproportionate’.

He was unsuccessful, but the judges ruled that courts could review proportionality in such cases.

Dean Underwood, the barrister at Hardwicke who represented West Kent, said: “Proportionality has become a common defence in many possession claims, especially those involving defendants with no security of tenure, such as ‘starter’ tenants.

“This case is important because it demonstrates Pinnock in action. Mr Grant’s defences were not seriously arguable and, accordingly, they were dismissed summarily.”

West Kent’s solicitor Daniel Skinner, head of housing at Batchelors Solicitors of Bromley, said it had “successfully repelled a sustained attack on its decision making”.

West Kent Housing Association was set up in 1989 following the transfer of homes formerly owned by Sevenoaks District Council.

Mark Smulian

See also: In proportion