Powell v London Borough of Hounslow [2011] UKSC 8, [2011] All ER (D) 255 (Feb)
(1) A court would only have to consider whether the making of a possession order was proportionate for the purposes of Art 8 of the European Convention on Human Rights if the issue had been raised by the occupier and it had crossed the high threshold of being seriously arguable. That threshold would be crossed in only a small number of cases. The question then would be whether making an order for the occupier’s eviction was a proportionate means of achieving a legitimate aim.
(2) Section 127(1) of the Housing Act 1996 Act provided that the landlord might only bring an introductory tenancy to an end by obtaining an order for possession. On the face of it, the court had no discretion under s 127(2) of the 1996 Act as to whether or not it should make the order for possession. Given that lawfulness was an inherent requirement of the procedure for seeking a possession order, it was open to the court to consider whether the procedure had been lawfully followed having regard to the defendant’s
