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30 September 2010
Issue: 7435 / Categories: Case law , Law reports
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Human rights—Housing local authority houses—Possession

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Kay and others v United Kingdom [2010] ECHR 37341/06, [2010] All ER (D) 107 (Sep)

European Court of Human Rights, Judge Garlicki, (President), Judges Bratza, Bonello, Mijovic, Hirvela, Bianku and Vucinic, and L Early (Section Registrar), 21 Sept 2010

The loss of one’s home is the most extreme form of interference with the right to respect for the home. Any person at risk of an interference of this magnitude should in principle be able to have the proportionality of the measure determined by an independent tribunal in light of the relevant principles under art 8 of the European Convention on Human Rights, notwithstanding that, under domestic law, his right to occupation has come to an end.

The claimant local authority came to an informal agreement with a housing trust, London and Quadrant Housing Trust (LQHT) under which the authority licensed “short life” premises, namely, premises which were not in a condition suitable for normal housing use or capable of being rendered so suitable within the finances available to the authority, to LQHT for LQHT

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