Justices hold that proportionality arguments do not bite against private landlords

The Supreme Court has unanimously rejected an appeal by an assured shorthold tenant who claimed a possession order on her house was in breach of their human rights.

A mortgage on the property had been taken out by the tenant's parents but they fell behind with payments due to financial difficulties with their business. Following payment defaults the mortgagees appointed receivers, who served notice on the appellant seeking possession of the house.

The appellant, Fiona McDonald, 45, who suffers from a personality disorder, opposed the possession order on the grounds that it was incompatible with the right to respect for her home under article 8 ...

Jean-Yves Gilg
Editor
Solicitors Journal

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