In a landmark judgment issued this morning, the UK's highest court has decided that those council and housing association tenants who do not have full security of tenure but want to remain in their homes can only be evicted if a court is satisfied that the eviction would be proportionate having regard to their personal circumstances.
The Court decided that three recent judgments of the House of Lords had been overtaken by developments in the law relating to the human right to respect for a person's home guaranteed by the Human Rights Act 1998.
The Equality and Human Rights Commission intervened in the appeal to encourage the Supreme Court to take this course. It was represented by Jan Luba QC of Garden Court Chambers.
Jan Luba QC is a leading specialist in housing law and was recently given the highest "Star Individual" ranking in the prestigious Chambers UK 2011 directory.