Qazi v London Borough Of Harrow Council [2001] EWCA Civ 1834 (3 December 2001)

Qazi v London Borough Of Harrow Council [2001] EWCA Civ 1834 (3 December 2001)

A former tenant whose tenancy has ended by operation of law may still have a 'home' for the purposes of Article 8(1) ECHR if there are sufficient and continuous links to the property; legal or equitable interest is not a necessary condition. The making of a possession order engages Article 8(1).

Citation
[2001] EWCA Civ 1834
Parties
Defendant/appellant: Tarik Mahmood Qazi; Claimant/respondent: The Council of the London Borough of Harrow
Jurisdiction
England and Wales
Judgment Date
03 December 2001
Procedural Posture
Civil Appeal / Appeal From County Court (order for Possession and Related Sums)
Outcome
Appeal allowed; permission to appeal granted; case remitted to County Court to determine Article 8(2) issue.
Legal Topics
Article 8 ECHR – Right to Respect for Home, Termination of Joint Tenancy, Possession Proceedings, Interpretation of 'home' Under ECHR, Application of Human Rights Act 1998
Human Rights Law Landlord and Tenant Law Public Law Article 8 ECHR – Right to Respect for Home Termination of Joint Tenancy Possession Proceedings Interpretation of 'home' Under ECHR Application of Human Rights Act 1998

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tarik Mahmood Qazi

Defendant/appellant

The Council of the London Borough of Harrow

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court (order for Possession and Related Sums)

Legal Issues

  1. 1 Whether a former tenant whose tenancy has ended by operation of law can claim a right to a 'home' under Article 8 ECHR
  2. 2 Whether actual residence without legal or equitable interest suffices for Article 8 protection
  3. 3 Whether the making of a possession order engages Article 8(1) ECHR

Ratio Decidendi

A former tenant whose tenancy has ended by operation of law may still have a 'home' for the purposes of Article 8(1) ECHR if there are sufficient and continuous links to the property; legal or equitable interest is not a necessary condition. The making of a possession order engages Article 8(1).

Court Disposition

Appeal allowed; permission to appeal granted; case remitted to County Court to determine Article 8(2) issue.

Orders

  • Costs of application, appeal, and court below to be paid by the Council to the applicant, stayed pending outcome of remitted hearing.
  • Legal aid assessment of applicant's costs.