Unlawful occupiers
Murdoch, S.
Unlawful occupiers - 2004 - Estates Gazette (0417) 24 April 2004, 127(1) .
Looks at two cases referring to the European Convention on Human Rights Art 8 as a defence against landlords seeking possession of premises. In "Harrow LBC v Qazi" ([2003] UKHL 43, Abs67176), HL ruled that Art 8 confers a right to respect for one's home but not a right to a home and is no defence against possession under ordinary law. This has been important in those cases where landlords have an absolute right to possession. The recent CA case, Newham LBC v Kibata ([2003] EWCA Civ 1785; [2004] 15 EG 106, Abs...) judged that Art 8 is not infringed where a landlord has an unqualified right to retain possession save where following the landlord's service of a notice to quit, exceptional circumstances arise that affect the rights and wrongs of the proposed eviction, a precedent made clear by HL in "Qazi".
FAMILY LAW ACT 1996
PRIVATE LANDLORDS
NOTICE TO QUIT
TRESPASS
RIGHT TO POSSESSION
HARROW LBC V QAZI
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
NEWHAM LBC V KIBATA
Unlawful occupiers - 2004 - Estates Gazette (0417) 24 April 2004, 127(1) .
Looks at two cases referring to the European Convention on Human Rights Art 8 as a defence against landlords seeking possession of premises. In "Harrow LBC v Qazi" ([2003] UKHL 43, Abs67176), HL ruled that Art 8 confers a right to respect for one's home but not a right to a home and is no defence against possession under ordinary law. This has been important in those cases where landlords have an absolute right to possession. The recent CA case, Newham LBC v Kibata ([2003] EWCA Civ 1785; [2004] 15 EG 106, Abs...) judged that Art 8 is not infringed where a landlord has an unqualified right to retain possession save where following the landlord's service of a notice to quit, exceptional circumstances arise that affect the rights and wrongs of the proposed eviction, a precedent made clear by HL in "Qazi".
FAMILY LAW ACT 1996
PRIVATE LANDLORDS
NOTICE TO QUIT
TRESPASS
RIGHT TO POSSESSION
HARROW LBC V QAZI
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
NEWHAM LBC V KIBATA