The council granted a tenancy to the husband many years ago. At various times the couple split up then came back together. The husband was rehoused, but at the time misled the council to say his wife was not living in the flat. When the council sought a possession order, she alleged the action was discriminatory, and breached her right to respect for private and family life.
Held: At the time, it was common practice to grant a tenancy in the name of one spouse (the husband). The parties lived separate lives, even if in the same house. If it had know of the misrepresentation the council would not have transferred the tenancy for the husband. The council acted on the basis of the facts known to it. The decision was reasonable and the possession order stood. The husband had not been treated differently than she would have been.
Judges:
Aldous, Waller, Arden LJJ
Citations:
Times 27-Mar-2003, [2003] EWCA Civ 371
Links:
Statutes:
European Convention on Human Rights 8 14
Jurisdiction:
England and Wales
Housing, Discrimination, Human Rights
Updated: 21 October 2022; Ref: scu.180102
