000			02433cam a2200277 4500
001			ABS67176
008			031031n2003 000 0 eng u
035			_a(Sirsi) u124203
245			_aHarrow LBC v Qazi
260			_c2003
490			_aWeekly Law Reports _v[2003] 3 WLR 792-840(47)
520			_a[2003] UKHL 43, 9 June 2003. Appeal by Harrow LB (H) against CA ([2001] EWCA Civ 1834, [2002] PLSCS 145) decision in favour of defendant (Q), holding that European Convention on Human Rights Art.8 was engaged even though Q's tenancy had been terminated. Q and his then wife were joint tenants. After his wife left him and quit the tenancy in 1999, application for sole tenancy was refused, as he was not entitled to family-sized accommodation. At the time H commenced possession proceedings, Q was still living in the flat with another woman and her child. Q's human rights defence was rejected on the basis that the flat was not his home in that he had no legal or equitable right or interest in the flat. CA reversed this decision. HL itself allowed H leave to appeal CA's decision. Held", appeal allowed: (1) At the time possession was ordered, Q's flat was his home within the meaning of Convention art 8, namely that a home was where a person lived (for eight years in Q's case), although Q's tenancy had expired by operation of law. Art 8 does not give a right to a home, only a right to respect for a person's home as an aspect of his right to privacy.(2) By three to two majority, contractual and proprietary rights could not be defeated by defences based on art.8. The possession order would be restored. View judgment at www.parliament.the-stationery-office.co.uk.
590			_aABS
650			_aSHEFFIELD CITY COUNCIL V SMART
650			_aPRIVACY
650			_aHOME
650			_aR V BRACKNELL FOREST BC EX P MCLELLAN
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 8.1
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8.2
650			_aHARROW LBC V QAZI
650			_aPOPLAR HOUSING V DONOGHUE
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd030731/qazi-1.htm _zView judgment on the UK Parliament website.
942			_n0
999			_c73731 _d73731