Department of Communities, Housing and Digital Economy v Ward

In the case of Department of Communities, Housing and Digital Economy v Ward, the applicant, as the provider of social housing, sought to terminate a residential tenancy agreement due to the tenant's drug-related conviction and subsequent disturbance of the property. The respondent, the tenant, was issued a Notice to Leave, which was subsequently followed by an application for a Termination Order. The tribunal dismissed the application, prompting the applicant to appeal the decision.

The central legal issues before the court were whether the tribunal's discretion to dismiss the application miscarried and if the tribunal took into account all relevant considerations. The applicant argued that the tribunal failed to consider the gravity of the respondent's misconduct and the need to protect other tenants and the community from similar disturbances.

The court found that the tribunal's decision to dismiss the application miscarried as it failed to appropriately weigh the respondent's breach of the tenancy agreement and the applicant's need to maintain a safe and orderly housing environment. The tribunal did not sufficiently consider the impact of the respondent's conduct on other tenants and the community. Consequently, the court set aside the tribunal's decision and made a termination order on the grounds of failure to leave. The court also directed the issue of a Warrant of Possession, authorising the Principal Officer of Police to enforce the order within a specified timeframe.

The final orders included granting leave to appeal, setting aside the tribunal's decision, issuing a termination order, and directing the issue of a Warrant of Possession to the Principal Officer of Police. The warrant authorised the entry and possession of the premises by the respondent, effective from a specified date, with a 14-day period to complete the process.