Birmingham Council has won the right to evict one of its tenants
who allegedly beat his wife, following a High Court case last
The case follows a two-year battle by the council to evict Gerrard
McCann, and follows on from an initial High Court hearing, a Court
of Appeal hearing and a case at the House of Lords.
The judge in the latest case ruled that the council’s stand was not
unreasonable and did not violate McCann’s human rights. However,
any eviction has been delayed until he has had a chance to lodge an
application for leave to appeal.
McCann’s wife obtained a non-molestation order against her husband
and wrote to the council giving up the tenancy when their marriage
broke down in 2001 amid claims of domestic violence.
She was rehoused “on the grounds of domestic violence” and later
signed a notice to quit, effectively ending her husband’s right to
remain in the house.