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[2004] UKHL 30
[2004] 27 EG 128 (CS)
Statutory tenancy
Human rights
House of Lords
Lord Nicholls of Birkenhead, Lord Steyn, Lord Millett, Lord Rodger of Earlsferry and Baroness Hale of Richmond
21 June 2004
Statutory tenancy - Homosexual couple - Whether survivor succeeding to tenancy on death of partner - Para 2(2) of Schedule 1 to Rent Act 1977 - Whether discrimination contrary to Articles 14 and 8 of European Convention on Human Rights - Section 3 of Human Rights Act 1998 - Whether para 2(2) to be read in a manner compatible with Convention rights - Appeal dismissed
The respondent lived with his partner m a stable and monogamous homosexual relationship. They occupied a flat let to the partner by the appellant as landlord. Upon the death of the respondent's partner, the appellant brought proceedings claiming possession of the flat. The judge held that the respondent did not succeed to the tenancy as a surviving spouse under para 2 of Schedule 1 to the Rent Act 1977, and could not, therefore, claim a statutory tenancy. Para 2(2)...