Jamie Burton & Alex Gask consider how the gateway defence could make life easier for non-secure tenants
The ultimate impact of the Human Rights Act 1998 (and in particular Art 8 of the European Convention on Human Rights) on the rights of tenants who have limited security of tenure may not be known until nine Supreme Court judges hear the appeal in Pinnock v Manchester CC [2009] EWCA 852, [2009] All ER (D) 10 (Aug) later this month. However, in the five conjoined appeals in Salford City Council v Mullen [2010] EWCA Civ 336, [2010] All ER (D) 289 (Mar) the Court of Appeal has in the meantime tried to “provide some guidance as quickly as possible to the courts dealing with these cases”. In particular the court addressed two issues: what is the appropriate venue for hearing a defence based on Art 8; and what standard of review must the court apply when determining it? It also granted permission to appeal to the Supreme Court.
BackgroundWhile they wait for a more permanent home from their local housing authority, homeless persons must be
