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Unlawful occupiers

By: Series: Estates Gazette ; (0417) 24 April 2004, 127(1)Publication details: 2004Subject(s): Summary: 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".

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".

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