Desnousse v London Borough of Newham & Ors Rev 1

Desnousse v London Borough of Newham & Ors Rev 1

By majority, the Court of Appeal held that Mohamed v. Manek remains binding authority that the Protection from Eviction Act 1977 does not apply to licences of accommodation provided under section 188(1) or 190(2)(a) of the Housing Act 1996, and that this exclusion is compatible with Article 8 ECHR. Lloyd LJ dissented, holding that the exclusion is not compatible with Article 8 and that a court order should be required for eviction from self-contained accommodation constituting the occupier's home.

Parties
Appellant: Roma Desnousse; First Respondent: London Borough of Newham; Second Respondent: Paddington Churches Housing Association; Third Respondent: Veni Properties Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2006
Procedural Posture
Civil Appeal / Appeal From Bow County Court to Court of Appeal
Outcome
Appeal dismissed (by majority)
Legal Topics
Homelessness, Protection From Eviction, Local Authority Duties, Article 8 ECHR, Tenancy and Licence Distinction
Housing Law Human Rights Law Landlord and Tenant Law Homelessness Protection From Eviction Local Authority Duties Article 8 ECHR Tenancy and Licence Distinction

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Parties

Roma Desnousse

Appellant

London Borough of Newham

First Respondent

Paddington Churches Housing Association

Second Respondent

Veni Properties Limited

Third Respondent

Procedural Posture

Civil Appeal / Appeal From Bow County Court to Court of Appeal

Legal Issues

  1. 1 Does section 3 of the Protection from Eviction Act 1977 apply to self-contained accommodation provided under section 188(1) or 190(2)(a) of the Housing Act 1996 by way of a licence?
  2. 2 Is the decision in Mohamed v. Manek binding and applicable to the present facts?
  3. 3 Is the exclusion of such licensees from the Protection from Eviction Act compatible with Article 8 of the European Convention on Human Rights?

Ratio Decidendi

By majority, the Court of Appeal held that Mohamed v. Manek remains binding authority that the Protection from Eviction Act 1977 does not apply to licences of accommodation provided under section 188(1) or 190(2)(a) of the Housing Act 1996, and that this exclusion is compatible with Article 8 ECHR. Lloyd LJ dissented, holding that the exclusion is not compatible with Article 8 and that a court order should be required for eviction from self-contained accommodation constituting the occupier's home.

Court Disposition

Appeal dismissed (by majority)

Orders

  • The appeal is dismissed. The injunction restraining eviction without a court order is refused.