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Croydon LBC v Moody
(1999) 2 CCLR 92, CA
 
6.10Croydon LBC v Moody (1999) 2 CCLR 92, CA
Psychiatric evidence that there was a real prospect of a tenant’s behaviour improving was relevant to whether it was reasonable to make a possession orderWednesbury unreasonableness:improvement in behaviour, prospect ofWednesbury unreasonableness:nuisance and annoyanceWednesbury unreasonableness:personality disordersWednesbury unreasonableness:psychiatric evidence
Facts: Croydon brought possession proceedings against Mr Moody as a result of his being a nuisance and annoyance to neighbours. There was evidence from a consultant psychiatrist that that had been caused by a deterioration in Mr Moody’s personality disorder, but his condition was susceptible to, and he had agreed to, medical treatment. The recorder rejected the evidence of a psychiatrist and found that Mr Moody had acted deliberately,
Judgment: the Court of Appeal (Evans, Chadwick LJJ) held that the recorder should have taken into account the psychiatrist’s evidence because a real prospect of Mr Moody’s behaviour improving was relevant to whether it was reasonable to order possession. In addition, it seemed wrong to disregard what consequences would ensue for Mr Moody, if he were evicted.
Croydon LBC v Moody
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