+1 862 207 3288 Many have criticized the decision made in the case of Fitzpatrick V Sterling Housing Association as being prejudicial and discriminatory. The introduction of the Human Rights Act 1998 has allowed the courts to take a proactive role in protecting the rights of members in our society as demonstrated in the case of Ghaidan v Mendoza
The Facts
Under the Rent Act 1977 schedule 1, paragraph 2 (2) On the death of a protected tenant of a dwelling-house his or her surviving spouse, if then living in the house, becomes a statutory tenant by succession. But marriage is not essential for this purpose. A person who was living with the original tenant ‘as his or her wife or husband’ is treated as the spouse of the original tenant . After the death of Mr Hugh Wallwyn James, the landlord Mr Ghaidan brought legal action against Mr Mendoza for possession of the flat as he was not legally e…(short extract)
