London Borough Of Hounslow v Martin-Samos [2002] EWCA Civ 727 (3 May 2002)

London Borough Of Hounslow v Martin-Samos [2002] EWCA Civ 727 (3 May 2002)

The joint tenancy was validly terminated by notice from one tenant, ending any secure tenancy rights. The possession order did not breach Article 8 ECHR as the statutory framework justified the interference, and the applicant was given a reasonable period of grace and offered alternative accommodation.

Citation
[2002] EWCA Civ 727
Parties
Claimant/respondent: London Borough of Hounslow; Defendant/applicant: Fidel Martin-Samos
Jurisdiction
England and Wales
Judgment Date
03 May 2002
Procedural Posture
Appeal / Application for Permission to Appeal From a Possession Order
Outcome
Application for permission to appeal refused
Legal Topics
Joint Tenancy Termination, Possession Proceedings, Article 8 ECHR, Right to Buy, Security of Tenure
Landlord and Tenant Human Rights Joint Tenancy Termination Possession Proceedings Article 8 ECHR Right to Buy Security of Tenure

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Parties

London Borough of Hounslow

Claimant/respondent

Fidel Martin-Samos

Defendant/applicant

Procedural Posture

Appeal / Application for Permission to Appeal From a Possession Order

Legal Issues

  1. 1 Whether the tenancy was validly terminated by notice from one joint tenant
  2. 2 Whether the applicant was entitled to a secure tenancy after termination
  3. 3 Whether the possession order breached Article 8 of the European Convention on Human Rights

Ratio Decidendi

The joint tenancy was validly terminated by notice from one tenant, ending any secure tenancy rights. The possession order did not breach Article 8 ECHR as the statutory framework justified the interference, and the applicant was given a reasonable period of grace and offered alternative accommodation.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • Copy of transcript to be sent to applicant at public expense