Image from Google Jackets

Stretch v United Kingdom

Series: Estates Gazette ; [2003] 29 EG 118 (CS)Publication details: 2003Subject(s): Online resources: Summary: ECHR Application No 44277/98, 24 June 2003. Landlord (W) refused to allow applicant (S) to exercise his option to renew building lease on grounds that the grant was "ultra vires". The HC ruling dismissing S's application for a declaration that he was entitled to exercise the option was upheld by CA (X95638). HL refused S's petition to appeal further. S appealed to the ECHR alleging that he had been denied his right to peaceful enjoyment of his possession and that he had been deprived of his possessions contrary to the European Convention on Human Rights First Protocol Art 1. He also claimed damages for loss of rental income. Application allowed. S had a legitimate expectation of exercising the option to renew and W's action could be said to have frustrated S's legitimate expectation and therefore amounted to interference with the quiet enjoyment of his possessions. S awarded Ł31 000 for pecuniary damage, Ł5 000 for non-pecuniary damage and Ł45 000 for costs and expenses.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS66931 (Browse shelf(Opens below)) 1 Available 123193-1001

ECHR Application No 44277/98, 24 June 2003. Landlord (W) refused to allow applicant (S) to exercise his option to renew building lease on grounds that the grant was "ultra vires". The HC ruling dismissing S's application for a declaration that he was entitled to exercise the option was upheld by CA (X95638). HL refused S's petition to appeal further. S appealed to the ECHR alleging that he had been denied his right to peaceful enjoyment of his possession and that he had been deprived of his possessions contrary to the European Convention on Human Rights First Protocol Art 1. He also claimed damages for loss of rental income. Application allowed. S had a legitimate expectation of exercising the option to renew and W's action could be said to have frustrated S's legitimate expectation and therefore amounted to interference with the quiet enjoyment of his possessions. S awarded Ł31 000 for pecuniary damage, Ł5 000 for non-pecuniary damage and Ł45 000 for costs and expenses.