The tenant had resisted the application for possession on the basis that it would amount to a disproportionate interference in his human rights. The council appealed.
Held: The appeal succeeded. The judge had erred in considering that the tenant’s arguments did not, on the facts, reach the threshold of a seriously arguable Article 8 defence.
Judges:
Hallett, Therton LJJ, Dame Janet Smith
Citations:
[2012] EWCA Civ 1435, [2013] HLR 69 I
Links:
Statutes:
European Convetion on Human Rights 8
Jurisdiction:
England and Wales
Cited by:
Cited – Akerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .
Lists of cited by and citing cases may be incomplete.
Housing, Human Rights
Updated: 06 November 2022; Ref: scu.465654
