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Repeat loo flusher faces eviction Repeat loo flusher faces eviction
(about 6 hours later)
A council tenant faces being evicted from her home after repeatedly flushing the toilet during the night.A council tenant faces being evicted from her home after repeatedly flushing the toilet during the night.
Mwynwen Jones, 57, has lived in her property in Tremadog, Gwynedd, for more than 20 years but faced a neighbour's complaints about being too noisy.Mwynwen Jones, 57, has lived in her property in Tremadog, Gwynedd, for more than 20 years but faced a neighbour's complaints about being too noisy.
The High Court in London was told she was heard banging doors and flushing the toilet twice after each use.The High Court in London was told she was heard banging doors and flushing the toilet twice after each use.
Judge John Behrens backed Gwynedd Council's decision to seek a possession order to evict her.Judge John Behrens backed Gwynedd Council's decision to seek a possession order to evict her.
The court heard the authority first "demoted" her from her status as a secure tenant after she was accused of being a nuisance neighbour.The court heard the authority first "demoted" her from her status as a secure tenant after she was accused of being a nuisance neighbour.
Then, on January 23 this year, it decided to seek a county court possession order against her, which would mean she could be evicted. Then, on 23 January this year, it decided to seek a county court possession order against her, which would mean she could be evicted.
Whilst flushing a toilet may not be a nuisance, plainly it may be so if it is done repeatedly and at antisocial hours Judge John BehrensWhilst flushing a toilet may not be a nuisance, plainly it may be so if it is done repeatedly and at antisocial hours Judge John Behrens
Her barrister, Caroline Harris, attacked the council's decision as "irrational" - but Judge Behrens opened the way for her eviction after ruling it was not even "arguable" that the council had done anything wrong.Her barrister, Caroline Harris, attacked the council's decision as "irrational" - but Judge Behrens opened the way for her eviction after ruling it was not even "arguable" that the council had done anything wrong.
He said: "Whilst flushing a toilet may not be a nuisance, plainly it may be so if it is done repeatedly and at antisocial hours".He said: "Whilst flushing a toilet may not be a nuisance, plainly it may be so if it is done repeatedly and at antisocial hours".
Miss Harris earlier told the judge that Mrs Jones was in the habit of flushing the toilet twice after use, but the sounds coming from her home were just run-of-the-mill "household noises".Miss Harris earlier told the judge that Mrs Jones was in the habit of flushing the toilet twice after use, but the sounds coming from her home were just run-of-the-mill "household noises".
She added that the sound insulation in her home was so poor that a neighbour could even hear the sound of her ironing clothes.She added that the sound insulation in her home was so poor that a neighbour could even hear the sound of her ironing clothes.
Only one of her neighbours had complained about the noise and Miss Harris claimed that Mrs Jones had not even known of her demotion from secure tenant status at the time the decisive complaints were made in December last year.Only one of her neighbours had complained about the noise and Miss Harris claimed that Mrs Jones had not even known of her demotion from secure tenant status at the time the decisive complaints were made in December last year.
'Needed help''Needed help'
Describing Mrs Jones as "vulnerable", the barrister said she had suffered mental health problems and even the council's own estates manager has said at one point that she "needed help" rather than court action being taken against her.Describing Mrs Jones as "vulnerable", the barrister said she had suffered mental health problems and even the council's own estates manager has said at one point that she "needed help" rather than court action being taken against her.
However, Judge Behrens said Mrs Jones had missed the 14-day time limit for seeking a review of the council's decision to seek her demotion and there had been no appeal against the court order made on December 10 last year.However, Judge Behrens said Mrs Jones had missed the 14-day time limit for seeking a review of the council's decision to seek her demotion and there had been no appeal against the court order made on December 10 last year.
Gwynedd Council's application for a possession order had been "duly served" on Mrs Jones on 17 December, he added.Gwynedd Council's application for a possession order had been "duly served" on Mrs Jones on 17 December, he added.
Describing her judicial review challenge to the order as "hopeless", he said the council had had to carry out a "balancing exercise" between Mrs Jones' rights and the needs of her neighbours.Describing her judicial review challenge to the order as "hopeless", he said the council had had to carry out a "balancing exercise" between Mrs Jones' rights and the needs of her neighbours.
The county court possession proceedings had been adjourned pending the outcome of the High Court hearing, but may now continue.The county court possession proceedings had been adjourned pending the outcome of the High Court hearing, but may now continue.
Loud shouting
A spokesman for Gwynedd council said the late night behaviour complained about included loud shouting, persistent running up and down stairs, banging of doors and cupboards as well as the persistent flushing of the toilet.
"The legal process began late last year, and the council secured a county court order which placed the tenant under probation," he said.
"Despite this order, the council continued to receive complaints regarding the tenant's conduct and, as a result, the council served an eviction notice which the tenant did not oppose."
He said the case then went to Caernarfon county court early this year and had twice been adjourned to the tenant could apply for a High Court judicial review.
"A written application from the tenant for a judicial review was refused by the High Court," said the spokesman.
"A second oral application was also rejected by the High Court judge John Behrens, who confirmed that Gwynedd council had not acted unreasonably in this case."