| 000 | 02339cab a2200277 4500 | ||
|---|---|---|---|
| 001 | ABS67950 | ||
| 008 | 040628n2004 000 0 eng u | ||
| 035 | _a(Sirsi) u126613 | ||
| 245 | _aGhaidan v Godin-Mendoza | ||
| 260 | _c2004 | ||
| 490 |
_aWeekly Law Reports _v[2004] 3 WLR 113-160(48) |
||
| 520 | _a[2004] UKHL 30, 21 June 2004. Appeal by landlord (G) against CA's decision ([2001] EWCA Civ 1553, Abs66275) that tenant (G-M) was entitled to succeed to the tenancy of a flat as a statutory tenant under the Rent Act 1977 Sched 1 para 2. G-M had been living in the flat in a stable same-sex relationship with the original tenant until the latter's death in January 2001. CA overturned the lower court's decision that G-M could not succeed to the tenancy of the flat as the surviving spouse of the original tenant within the meaning of the 1977 Act Sched 1 para 2 as that provision excluded persons in a same-sex relationship. "Held": A survivor of a same-sex couple cannot not become a statutory tenant by succession within para 2(2) of the 1977 Act following "Fitzpatrick v Sterling House Association Ltd" (HL, Abs61717) a decision made before the Human Rights Act 1988 came into force. The difference in treatment on grounds of sexual orientation flowing from the "Fitzpatrick " interpretation infringed the Convention for the Protection of Human Rights and Fundamental Freedoms Arts 8 and 14. The court made para 2 compliant with Convention rights by reading it as covering same-sex couples living together and therefore the survivor of such a couple should be treated as the surviving spouse of the original tenant. Judgment is available at www.parliament.uk. | ||
| 590 | _aABS | ||
| 650 | _aSUCCESSION | ||
| 650 | _aHUMAN RIGHTS ACT 1998 | ||
| 650 | _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14 | ||
| 650 | _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8 | ||
| 650 | _aPROTECTED TENANTS | ||
| 650 | _aSTATUTORY TENANTS | ||
| 650 | _aRENT ACT 1977 SCHED 1 PARA 2(2) | ||
| 650 | _aFITZPATRICK V STERLING HOUSING ASSOCIATION LTD | ||
| 650 | _aGHAIDAN V GODIN-MENDOZA | ||
| 650 | _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES | ||
| 690 | _aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW | ||
| 942 | _n0 | ||
| 999 |
_c74445 _d74445 |
||