The judgment is out. Full post is coming later, but the key points are:
(a) a claim by a public authority for possession requires a domestic court to be able to consider the proportionality of the eviction and resolve factual disputes for itself and the court may refuse to make an order or postpone/suspend it for a period of time (at [21], [45], [49])
(b) the court must consider the Art 8 defence if raised and it is not just in “highly exceptional” cases that such a defence might be raised; the real question is whether the eviction is a proportionate means of achieving a legitimate end (at [52])
(c) in most cases, the right/duty of the LA to manage and distribute its housing stock will provide sufficient justification; the desire to remove a nuisance neighbour is a suitable justification (at [52]-[54]) (this, presumably, is a reference to s.21, HA 1985 and Pt 6/7, HA 1996; what about PRPSH though, who have no such statutory rights/duties?);
(d) it is a “given” that an authority does not have to plead and prove proportionality unless they want to ([53]);
(e) it is an “exceptional” case where Art 8 would “even arguably” create a right to remain in possession where the applicant had no right to remain in domestic law (at [45], [53])
(f) implications for the private sector are left open (at [4], [50])
(g) demoted tenancies are compatible with Art 8 as the court is empowered to decide proportionality for itself; s.143D should be read to cover a right to raise such matters in the county court (discussion ending at [74]);
(i) the reasons for seeking possession against a demoted tenant are not limited to breaches of the tenancy agreement or repeated behaviour of the sort previously proved (at [106]);
(j) it is only in “highly exceptional” cases that Art. 8 will add anything when possession of a demoted tenancy is sought; the Art. 8 rights of the occupier were adequately protected by the hearing that made the demotion order (at [107])
Appeal dismissed on the facts.
More, much more, to come later. [Edit: our full post is now up, so please drop by and comment there.]