In the November 2017 edition of the Landlord and Tenant Review, Laura comments on the High Court decision in Hertfordshire CC v Davies, in which Mrs Justice Laing DBE considered the position of service occupiers whose employment comes to an end. Under the Housing Act 1985, such occupiers are exempt from the security of tenure ordinarily enjoyed by local authority tenants. Mr Davies challenged the compatibility of that exemption with his rights under Articles 8 and 14 of the European Convention on Human Rights, as well as raising a range of other public law defences. Laura’s article reviews the arguments advanced by Mr Davies and the conclusions reached by Laing J, including her apparently unassailable conclusion that the different treatment of service occupiers is both rational and justified, and thus not incompatible with the ECHR.
27th November 2017