Laura Tweedy recently “bucked the trend” by persuading a District Judge in Leicester Housing Association Ltd v Armstrong that it was seriously arguable that the housing association landlord’s decision to seek to bring the defendant’s starter tenancy to an end because of complaints as to his alleged anti-social behaviour was in breach of his article 8 rights (and wider public law and Equality Act 2010 obligations). It was essentially argued that the Association had discriminated against the defendant in bringing the claim for possession and continuing to pursue it in light of this discrimination.
Interestingly, the district judge did reject the notion that it was seriously arguable – both on the facts and in law (saying that Cranston J’s remarks as to the relevance of subsequent good behaviour in Southend-on-Sea v Armour  EWHC 3361 (QB) were per incuriam) that there was an article 8 breach argued for on the basis of there being a lack of evidence of ASB since March 2012.
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