Housing association lawyers hail Court of Appeal ruling after drug dealer's family evicted

The Court of Appeal has sent a clear message to parents facing a possession order that children are not shields they can hide behind, a housing association’s law firm has claimed.

The court recently ruled in favour of Friendship Care and Housing, which had sought to repossess a home over criminal activity at a property in the Saltley area of Birmingham.

Tenant Sajid Qasim was jailed in 2010 for possession of Class A drugs with intent to supply. He was sentenced to four-and-a-half years.

Qasim’s wife, Hameeda Begum, was a joint tenant of the home in Herrick Road, where she lived with the couple’s seven children.

His Honour Judge Worster in the County Court granted an eviction order in favour of Friendship. In her appeal, Begum claimed that the eviction was against the interests of the children and that the judge had acted irrationally.

The Court of Appeal rejected her claims. Lord Justice Hooper is reported to have said: “There were serious breaches of the tenancy agreement, seriously affecting the neighbourhood and those living there.”

He found that “no sound basis for hope that the previous conduct would cease” was sufficient evidence to see Friendship’s former tenants evicted from their home.

Dorota Pawlowski, a solicitor at law firm Trowers & Hamlins and adviser to Friendship, said: “Had this appeal succeeded, we would have been left in the unsavoury position whereby parents could rely on the fact that they have children to defeat a Possession Order.

“While the existence of children – and what their fate may be if their parents are made the subject of such an Order – are factors to be taken into consideration, the Court of Appeal’s decision sends a clear message that children are not shields to hide behind.”

Pawlowski suggested that registered housing providers should take heart from the Court of Appeal’s ruling.

“Friendship has set a precedent which will strengthen the case for other housing providers making a stand against the minority of tenants whose behaviour has a demonstrably adverse affect on the quality of life of their neighbours and the community as a whole,” she said.

Michelle Walters, Friendship’s Anti-Social Behaviour Officer, said: “In signing the tenancy agreement, both Qasim and Begum agreed to be held jointly responsible for all activity carried out in the home as well as the behaviour of everyone living in or visiting the property.

“We have been working closely with West Midlands Police for some time tackling the ongoing anti-social behaviour and breaches of the tenancy agreement and it was our decision to evict the family based firmly on their history.”