Nicholas v Secretary of State for Defence: CA 4 Feb 2015

The claimant wife of a Squadron Leader occupied a military house with her husband under a licence from the defendant. When the marriage broke down, he defendant gave her notice to leave. She now complained that the arrangement was discriminatory and infringed her human rights because of the lack of security of tenure. Schedule 1 of the 1988 Act excluded such arrangements from becoming assured tenancies.
Held: The claimant’s apppeal failed. The MoD could justify disadvantageous treatment on the basis that security of tenure for service personnel would interfere with military effectiveness (especially if it prevented rapid redeployment of personnel); would inhibit the MoD in its function of providing housing for service personnel; and would require it to rent accommodation locally from the private sector, which would be an unnecessary drain on the public purse.

Lord Dyson MR, Pitchford, Lewison LJJ
[2015] EWCA Civ 53, [2015] 1 WLR 2116, [2015] HLR 25
European Convention on Human Rights 8 14, Housing Act 1988
England and Wales
CitedRelating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
CitedLarkos v Cyprus ECHR 18-Feb-1999
The applicant had rented a house from the government, but was ordered to vacate the house following revocation of his tenancy. Because he had been a tenant of the government he was not, under domestic law, entitled to the security which he would . .
CitedBellinger v Bellinger HL 10-Apr-2003
Transgendered Male/Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
CitedSecretary of State for the Home Department v Nasseri HL 6-May-2009
The applicant had claimed asylum after fleeing Afghanistan to Greece and then to the UK. On the failure of his application, he would be returned to Greece, but objected that he would thence be returned to Afghanistan where his human rights would be . .
CitedChester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedMannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Appeal fromNiholas v Secretary of State for Defence ChD 1-Aug-2013
The claimant had been the wife of a military officer, and occupied a property licensed to him by the defendant. They divorced and he left, and she now resisted grant of possession to the defendant.
Held: The claimant failed. However, there was . .

Cited by:
See AlsoSecretary of State for Defence v Nicholas ChD 24-Aug-2015
Application to set aside an order granting the Secretary of State for Defence, the claimants in these proceedings, permission to issue a written possession. . .
CitedWatts v Stewart and Others CA 8-Dec-2016
The court considered the status of residents of almshouses, and in particular whether they were licensees or tenants with associated security.
Held: The occupier’s appeal failed: ‘We do not accept the proposition that, if and insofar as Mrs . .

Lists of cited by and citing cases may be incomplete.

Housing, Armed Forces, Human Rights, Discrimination

Updated: 01 November 2021; Ref: scu.542247