The applicant had been a joint tenant of the respondent. His co-tenant had terminated the tenancy. He now challenged the possession proceedings saying that they would deprive him of his home.
Held: The appeal succeeded. The question before the court was ‘whether a former tenant whose tenancy has come to an end by operation of law can, after that time, have a right to a home for the purposes of Article 8 of the Convention’ The court rejected the argument that article 8 is not engaged where a former tenant lacks any legal or equitable right or interest in the house.
Judges:
Arden LJ, Peter Gibson LJ, Mantell LJ
Citations:
[2001] EWCA Civ 1834, [2002] HLR 276, [2001] EWCA Civ 1834
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Cited by:
Appeal from – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Lists of cited by and citing cases may be incomplete.
Housing, Human Rights
Updated: 07 June 2022; Ref: scu.185434
