Niholas 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 no disagreement between counsel that differential treatment as between Crown tenants and other tenants is capable of being discrimination on the ground of ‘other status’ within Article 14.


Burton J


[2013] EWHC 2945 (Ch)


European Convention on Human ights


England and Wales

Cited by:

Appeal fromNicholas 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 . .
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, Landlord and Tenant, Human Rights

Updated: 09 May 2022; Ref: scu.594558