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London Borough of Newham v Kibata [2003] EWCA Civ 1785

Landlord and Tenant - Housing - Human Rights - Possession proceedings - Local Authority simply seeking to enforce its right to possession of its own freehold property against person who no longer had any right under domestic law to remain in possession - No infringement of European Convention on Human Rights Arts 6, 8, 14

6 February 2004

The claimant council let a flat to N, who resided there with her son and the defendant (K), whom she subsequently married. The tenancy was a secure tenancy within the meaning of Part III of the Housing Act 1985. N then left the flat with her son and applied to be re-housed, making serious allegations of domestic violence against K, which were all disputed. K remained in the property and was warned by the council that it would be seeking possession of the flat. The council's policy provided that, where a tenant required to be re-housed on the grounds of domestic violence, the tenant would only be permitted to hold one tenancy. The council advised N that she would be required to serve a notice to quit in respect of the original tenancy. The notice was duly served and the tenancy was terminated. The council subsequently commenced proceedings for possession of the flat against K. Deputy District Judge Backhouse dismissed the council's claim and held that the council acted in breach of its ...

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