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Landlord and tenant – Recovery for possession. The appellant had rented a house from her parents under an assured shorthold tenancy. The parents had fallen into arrears on the mortgage and the lender appointed receivers who then issued a possession notice. They later issued possession proceedings in the name of the parents as landlords. The possession order was granted and the appellant appealed. The Court of Appeal, Civil Division, dismissed the appeal and held that there was no clear and consistent line of Strasbourg jurisprudence that the proportionality test at art 8(2) of the European Convention on Human Rights did not apply to disputes between tenants and private landlords where the tenant relied on art 8.
Landlord and tenant – Recovery for possession. The appellant had rented a house from her parents under an assured shorthold tenancy. The parents had fallen into arrears on the mortgage and the lender appointed receivers who then issued a possession notice. They later issued possession proceedings in the name of the parents as landlords. The possession order was granted and the appellant appealed. The Court of Appeal, Civil Division, dismissed the appeal and held that there was no clear and consistent line of Strasbourg jurisprudence that the proportionality test at art 8(2) of the European Convention on Human Rights did not apply to disputes between tenants and private landlords where the tenant relied on art 8.
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Exclusive QA with Henry Dannell
Once you submit your silk application, what happens next? Sir Paul Morgan explains each stage of the process and reflects on his experience as a member of the KC Selection Panel
