The applicant alleged that the Court of Appeal’s decision to dismiss her appeal and uphold the judgment making a possession order constituted an unjustified breach of her right to respect for her home and her family life and discriminated against her, in violation of Article 8 taken alone and in conjunction with Article 14.
Held: Where the court is considering making an order for possession against a public sector residential tenant, she must have the opportunity of raising the argument that, in the light of article 8, no order for possession should be made.
Judges:
LechGarlicki, P
Citations:
40060/08 – HEJUD, [2012] ECHR 1710, [2013] HLR 2, (2013) 56 EHRR 16
Links:
Statutes:
European Convention on Human Rights 8 14
Jurisdiction:
Human Rights
Cited by:
Cited – Sims v Dacorum Borough Council SC 12-Nov-2014
Surrender at Common Law Survives Human Rights Law
The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive . .
Cited – McDonald v McDonald and Others SC 15-Jun-2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Housing
Updated: 05 November 2022; Ref: scu.464480