Do Affordable Housing Landlords Have a Duty To Protect Tenants From Anti-Social Behaviour?

In the case of Octavia Hill Housing Trust v Brumby [2010] All ER (D) 165 a tenant of a Registered Provider has won the right in the High Court to proceed against her landlord in a claim that it failed to take reasonable steps to tackle anti-social behaviour.

Registered Providers are independent housing organisations registered with the Homes & Communities Agency. They provide access to a range of rented homes to suit the needs of the tenant.

Terri Brumby, a tenant of Octavia Hill Housing Trust (a Registered Provider), has won the right in the High Court to proceed with a claim against her landlord, regarding allegations that it failed to take reasonable steps to tackle anti-social behaviour. Ms Brumby claims that she made 11 complaints to Octavia about noisy trespassers in the area outside her window. No action was ever taken. She also alleges that she asked Octavia to erect a small barrier to cordon off the paved area outside her window, but they failed to do so.

The High Court judge in this matter ruled against Octavia in their submission that the matter be struck out in the initial stages, and the main case will now be heard. This may have a serious impact upon Registered Providers. If the court rules against Octavia then serious consideration would have to be given to Registered Providers being pro-active about protecting their tenants from anti-social behaviour, as well as proving that they have given careful consideration to any requests made of them.

Oliver Kew

Published on 10/08/2010