“A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that exercise. Consequently, the demoted tenancy regime in the 1996 Act was compatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
