| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 569 (Jul) |
| Neutral Citation: | [2003] UKHL 43 |
| Court: | House of Lords |
| Judge: | Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Lord Millett and Lord Scott of Foscote |
| Representation | Anthony Arden QC and David Matthias (instructed by Gerald Balabanoff, Harrow) for the authority. |
| Jan Luba QC and Edward Fitzpatrick (instructed by Sweetman Burke and Sinker) for the tenant. | |
| Judgment Dates: | 31 July 2003 |
Catchwords
Human rights - Right to private and family life - Housing - Join tenant serving notice to quit - Termination of tenancy by operation of law - Order for possession - Lawfulness of automatic grant of possession order - European Convention on Human Rights, art 8.
The Case
The application of the law which enabled a public authority landlord to exercise its unqualified right to recover possession, following service of a notice to quit which had terminated the tenancy, with a view to making the premises available for letting to others on its housing list, did not violate the essence of the right to respect for the home under art8(1) of the European Convention on Human Rights.
Practice Areas
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