Home / Property / Residential property / Residential tenancies

Legal News

Challenging a claim for possession by a private landlord

Copyright © 2025 LexisNexis

Published on: 05 August 2014

Published by a LexisNexis Property expert

Table of contents

Original news
What issues did this case raise?
Is this now a definitive answer to invoking an art 8 defence against a private landlord?
How does the case differ from the ‘trespass on private land’ case Manchester Ship Canal?
What is the position now in relation to trespassers in ‘homes’ (ie not landlord and tenant cases)?
Are there still any grey areas as to the possibility of invoking an art 8 defence in respect of private land and/or homes?
Is the point in relation to service of notice by the receivers of note, or did this aspect turn on its facts?

Article summary

Property analysis: Can a tenant use art 8 of the European Convention on Human Rights (ECHR) against a claim for possession by a private landlord? Jonathan Holsgrove, a barrister at Zenith Chambers, discusses the Court of Appeal’s decision in McDonald.

Popular documents

Probate—assent of interests in land

Probate—assent of interests in landOrdinarily, a transfer of land must be made by deed. However, where:•the estate of a deceased person includes a legal or equitable interest in freehold or leasehold land, and•a third party is entitled to that interest (either as a trustee or as a beneficiary) under

Long leases—mortgage cure rights

Long leases—mortgage cure rightsForfeiture provisions in rack-rented occupational leases are commonly accepted; this is because those leases rarely have capital value. However, long leases (which usually have a minimal ground rent) are considered to be more akin to freeholds and are likely to have a

A property is being sold by a mortgagee in possession. The title is also affected by a restriction

A property is being sold by a mortgagee in possession. The title is also affected by a restriction benefitting another individual and made by an order of the court. That restriction is dated after the date of registration of the charge under which the seller is exercising the power of sale. Will the

Floating charges—obtaining a letter or certificate of non-crystallisation in property transactions

Floating charges—obtaining a letter or certificate of non-crystallisation in property transactionsWhat is a letter of non-crystallisation?Title due diligence against property owned by a company may disclose the existence of a floating charge.See Practice Notes: Pre-contract searches—Company search