I think someone has got a little confused

According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and a solicitor who some might think should really know better) is quoted as saying:

“If Europe decides that respect for the home provisions within the Human Rights Convention apply to private landlords this will lead to a mass exodus of landlords, causing untold misery for those in desperate need of a place to live.”

There are a few problems with that statement, but perhaps the most immediate one … Read the full post

Housing and Human Rights Round-Up

Two interesting cases have been delivered by the ECHR in the last few weeks: Mago and others v Bosnia-Herzegovina and Yordanova and others v Bulgaria.

Mago

The applicants in Mago held tenancies for life of flats within Bosnia-Herzegovina (with the exception of Mrs Mago, whose husband was the tenant) and they were compelled for varying reasons to leave their  homes following the outbreak of the war in Bosnia-Herzegovina in 1992. Security of these flats could be lost in a limited range of circumstances, including where the flat was left unoccupied for a continuous six month period or more. Once the tenants left, their properties were treated as abandoned by … Read the full post

The tenant is dead, long live the tenant

Our attention was drawn to a decision in the Medway County Court, presumably because it considered a proportionality defence. I’m not sure there’s much to see there — one of the team said that he was not “remotely excited about it”.

But it caught my eye. To be fair, one cannot always tell from a short judgment of this kind exactly what happened, but it gives the impression that landlord and tenant law was, at best, misunderstood. So it seemed like a golden opportunity to set the record straight.

The defendant’s father and mother had lived in the property under an assured tenancy. Sadly, the father died. The mother succeeded … Read the full post

Don’t be a newcomer

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One of the best known judgment in the English speaking world is Miller v Jackson [1977] QB 966. The start of the judgment of Denning LJ (for it is he) is worth setting out, just to remind you all:

In summertime village cricket is the delight of everyone. Nearly every village has its own cricket field where the young men play and the old men watch. In the village of Lintz in County Durham they have their own ground, where they have played these last seventy years. They tend it well. The wicket area is well rolled and mown. The outfield is kept short. It has a good club-house

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Kay v UK: Newsflash

The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a “time limited” violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are the main ones.

Full post coming later.

[Edit: link to judgment fixed, 22/09/10.]… Read the full post