000			02050cam a2200253 4500
001			ABS66541
008			030331n2003 000 0 eng u
035			_a(Sirsi) u121784
245			_aMichalak v Wandsworth LBC
260			_c2003
490			_aWeekly Law Reports _v[2003] 1 WLR 617-643(26)
520			_a[2002] EWCA Civil 271, 6 March 2002. Respondent (M) appealed against a county court order that he give up possession of a flat to the claimant council (W). The flat was originally let to a secure tenant L, a distant relative of M. M continued to live there after L's death and claimed entitlement to possession on the grounds (1) he was a member of L's family for the purposes of the Housing Act 1985 ss87 and 113 or (2) given that s113 of the 1985 Act prevented him from qualifying as a member of L's family, his exclusion was incompatible with the European Convention on Human Rights Arts 8 and 14. "Held" appeal dismissed. S113 of the 1985 Act provides an exhaustive list of qualifying family members and M clearly was not one. Parliament did not wish to extend the privilege of possession to distant relatives. M had not been discriminated against in the manner prohibited by Art 14 of the Convention and the possession order was justified by the statutory scheme and not incompatible with the Convention. View judgment at www.courtservice.gov.uk .
590			_aABS
650			_aMICHAELAK V WANDSWORTH LBC
650			_aHOUSING ACT 1985 S87
650			_aHOUSING ACT 1985 S113
650			_aSUCCESSION TENANCIES
650			_aQUALIFYING FAMILY MEMBERS
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/271.html&query=Michalak+and+v+and+Wandsworth+and+LBC&method=boolean _zView the judgment free of charge at www.bailii.org
942			_n0
999			_c72377 _d72377