In this case, Mr Assing had been a secure tenant of a flat for nine years. He had lived on the estate for a total of 30 years.
The dispute concerned the water supply to the bin chamber. Mr Assing broke the padlock to the bin chamber and a few months later, he assaulted the concierge and subjected him to verbal abuse.
He was charged and pleaded guilty to assault, and was subsequently sentenced to a community order with 100 hours unpaid work along with an anger management course.
As a result, the Council sought a demotion order or a postponed possession order for two years. The defendant conceded that the Council had grounds for possession, but disputed that it was reasonable in the circumstances.
The Judge recognised that the assault was serious and that the defendant was responsible, however, she did not think there was an ongoing threat of violence to the concierge or any other employee. The defendant had been sufficiently punished by the Magistrates' Court and the Judge did not believe it was her role to punish the defendant again.
As the defendant had behaved well for the year after his sentence, and had been "fine" for the previous 29 years, the Judge saw no reason to punish the defendant again with a demotion order.
No further action was required and no order was made.