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Housing focus

17 June 2010 / Annette Cafferkey
Issue: 7422 / Categories: Features , Landlord&tenant , Child law , Property , Housing , Mental health
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Annette Cafferkey provides an update on public law defences & discrimination

The extent to which Human Rights Act 1998 and Art 8 of the European Convention of Human Rights (the Convention) afford a “public law” defence to possession claims brought in the county court against non-secure tenants is a question which continues to take up much court time. The Court of Appeal recently considered it in relation to introductory tenants and homeless persons in five conjoined appeals: Salford CC v Mullen; LB Hounslow v Powell; Leeds CC v Hall; Birmingham v Frisby; Manchester CC v Mushin [2010] EWCA Civ 336, [2010] All ER (D) 289 (Mar).

It was held that, in principle, an occupier could raise a “public law” defence in the county court unless the statutory scheme under which the tenancy was granted precluded it. Like demoted tenancies (Manchester City Council v Pinnock [2009] EWCA Civ 852, [2009] All ER (D) 10 (Aug)) the scheme governing introductory tenancies prevented the county court from considering a public law defence. In such

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