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Criminal conviction leads to eviction for council tenant

Posted on Tuesday 24 July 2007

City of York Council has been awarded possession of a flat on Bur Dyke Avenue after its tenant used the property to grow cannabis.

At a hearing at York County Court, the council was given immediate possession of the flat, which had been occupied by Timothy Duckitt (42).

Mr Duckett did not attend court to oppose the council’s application for possession of his home.  A warrant was granted and a date set for the council to take possession of the property.

The council began eviction proceedings after Mr Duckitt was convicted of offences relating to the cultivation of cannabis at the property, but also took into account rent arrears and significant damage caused to the flat. These were clear breaches of the terms of his tenancy agreement.

A council spokesperson said: "Using council property for illegal or immoral purposes is a breach of tenancy.  Wilful damage or negligence, or failure to report necessary repairs, is also a breach of the tenancy agreement. 

"Mr Duckitt has not paid his rent, nor did he bother to attend court. We hope to restore the flat without delay so that someone who values having a council tenancy and needs a home can be allocated one as quickly as possible."