HOUSING

Possession order - eviction by warrant for possession without notice - council not acting incompatibly with tenant's convention rightsSouthwark Borough Council v St Brice and another: CA (Lords Justice Kennedy, Chadwick and Rix): 17 July 2001The council evicted its tenant pursuant to a warrant of possession issued by the county court without prior notice to him, after he had failed to pay arrears of rent in accordance with a suspended possession order.The tenant appealed on the grounds that the council had infringed his right to a fair and public hearing in relation to the issue of the warrant and his right for his private and family life contrary to articles 6 and 8 of the Convention for the Protection of Human Rights (schedule 1 to the Human Rights Act 1998) and had discriminated against him contrary to article 14 by obtaining a county court warrant without notice instead of applying to the High Court by giving him prior notice.Robert Latham (instructed by Southwark Law Centre) for the tenant.

Patrick Routley (instructed by Borough Solicitor, Southwark London Borough Council) for the council.

Cecilia Ivimy (instructed by the Treasury Solicitor) for Lord Chancellor's Department (intervening).Held, dismissing the appeal, that convention considerations did not arise when issuing the possession warrant, which was an administrative process, because the tenant's convention rights had already been complied with when the court had made the suspended order, after considering, under section 82 of the Housing Act 1985, whether it was proportionate and reasonable to make such an order; and that the council's choice of county court process was not discriminatory because it did not relate to the tenant's personal characteristics (status) by which persons were distinguishable from each other.