Social Welfare Lawyers in the Centre of Birmingham

Article 8 and Private Tenants

McDonald –v– McDonald [2016] UKSC 28

Article 8 of the European Convention on Human Rights is the right to respect for private and family life and home.

In this case the Supreme Court has decided that an assorted shorthold tenant cannot rely on Article 8 as a defence to a possession action. There is an extremely useful discussion of this important case on the Nearly Legal housing law website at:- http://nearlylegal.co.uk/2016/06/yes-no-article-8-private-sector/

The Travellers Advice Team are still considering the implications of this case for Gypsies and Travellers on unauthorised encampments and will post on this issue in due course.