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Council wins right to evict tenant

Posted: 30 September 2004 | Subscribe Online


Birmingham Council has won the right to evict one of its tenants who allegedly beat his wife, following a High Court case last week.

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.
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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.


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