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.
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