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Poplar Housing and Regeneration Community Association Ltd v Donoghue [2002] QB 48

By Oxbridge Law TeamUpdated 04/01/2024 07:00

Judgement for the case Poplar Housing and Regeneration Community Association Ltd v Donoghue

Table Of Contents

  • This case concerned a possession order made against an assured shorthold tenant, Defendant.

  • Under the Housing Act 1988 the landlord could not obtain possession without an order of the court, but the court was bound to make an order if the tenancy was subject to section 21(4) of that Act and proper notice had been served. Both these conditions were satisfied.

  • The argument turned on article 8, coupled with article 6, of the Convention. Plaintiff said that the interference was justified under 8(2).

  • CA held that eviction from her home would impact on the tenant's family life. But it found that the interference was justified. 

Lord Woolf

The economic and other implications of any policy in this area are extremely complex and far-reaching. This is an area where, in our judgment, the courts must treat the decisions of Parliament as to what is in the public interest with particular deference.

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