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MANCHESTER CITY COUNCIL (Respondent) v PINNOCK (Appellant)

The European Convention on Human Rights 1950 art.8 required that a court asked to make an order for possession under the Housing Act 1996 s.143D(2) had the power to assess the proportionality of making the order.

8 November 2010

The appellant demoted tenant (P) appealed against a decision ((2009) EWCA Civ 852, (2010) 1 WLR 713) to uphold a possession order made under the Housing Act 1996 s.143D. The respondent local authority had obtained a demotion order in respect of P's secure tenancy following serious allegations against his partner and children. It claimed possession on the basis of further alleged antisocial behaviour. P stated that a possession order would violate his rights under the European Convention on Human Rights 1950 art.8. The county court and Court of Appeal considered that the order should be made and that the courts' role did not extend to considering whether art.8 had been complied with. P argued that although the majority in the House of Lords in Qazi v Harrow LBC (2003) UKHL 43, (2004) 1 AC 983, Ka Kay v Lambeth LBC (2006) UKHL 10, (2006) 2 AC 465 and Doherty v Birmingham City Council (2008) UKHL 57, (2009) 1 AC 367 had held that a residential occupier against whom possession was sough...

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