Case law review: Drugs in Possession claims

Vilma Vodanovic

Drugs commonly feature in possession claims brought by registered social landlords against tenants as one of or indeed the main problem.
Historically, policy considerations have dictated that a tough stance be taken on drugs by the courts. Landlords certainly still want to be seen to be tough on drugs. If a tenant has been convicted of a drugs offence, no matter how minor, the majority of registered social landlords are likely to take some action and even commence possession proceedings on the basis of ground 14 of Schedule 2 to the Housing Act 1988 or Ground 2 of Schedule 2 to the Housing Act 1985.
The two grounds are identical and are satisfied if it can be proved that the tenant or a person residing in or visiting the dwelling house has been convicted of an indictable offence committed in or in the locality of the dwelling house. This ground takes into account any indictable offence and not just drug related.

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