Challenging a claim for possession by a private landlord

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.