Supreme Court tackles case that could change lettings forever

The Supreme Court has rejected an appeal by a tenant, in a landmark case which could have changed the way that the private lettings market handled evictions forever.

The case saw the tenant launch an appeal against a possession order, claiming that the order was a breach or her human rights.

The tenant, who rented the property from her parents via an Assured Shorthold Tenancy, was issued with a possession order by receivers when her parents fell into arrears on their mortgage.

The case was brought to the Supreme Court under Article 8 of the European Convention on Human Rights, after initial hearings at Oxford County Court and the Court of Appeal, with the tenant claiming that the possession ‘breached her right to respect of her home’, and claiming that the receivers were not entitled to serve notice on her in their own names.

However, five Supreme Court Judges ruled unanimously that the tenant’s rights were not infringed.

This result is good news for landlords, however had the case ruled in favour of the tenant the result could have prevented landlords and lenders from using the trusted court system from securing possession of their properties in the future.
However, despite the unanimous ruling, the tenant could still continue pursuing her case, through the European Court of Human Rights.