Behaviour Covenant is for Reasonable Period

When the operator of a mobile home park sought to evict a tenant on the ground that he had committed acts of anti-social behaviour, the Court could not accept that it was reasonable to terminate his licence to station his mobile home on the site when the original order that he would be evicted if he committed further anti-social acts had been issued three years before his next episode.

The original action had been taken in 2006, when the site operator wrote to the man notifying him that it had received complaints of anti-social behaviour and ordering him to cease and desist. This he did, until there was a further incident in 2009.

The case went all the way to the Supreme Court, which ruled that the amount of time that had elapsed since the first episode was too lengthy for it to be said that the man had not complied with his covenant not to commit anti-social behaviour, as he had committed no further breach for a reasonable time thereafter.

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