Kay v Lambeth LBC
It involved claims for possession by two landlords (in each case local authorities) against former short-term occupiers, heavily placing reliance in their defence on article 8 of the European Convention on Human Rights, with circumstances outside the other laws.[1] The European Court of Human Rights accorded a generous margin of appreciation to the national authorities, attaching much importance to the facts of the case.Thus, it was for the courts to decide how in the first instance the principles expounded in Strasbourg should be applied in the special context of national legislation, practice and social and other considerations.They sought to defend by relying on article 8 and by contending that Leeds was in breach of its statutory obligations to provide suitable sites where gypsies could park their caravans.In Buckley v United Kingdom (1996) the Strasbourg commission (para 63), said that "whether or not a particular habitation constitutes a 'home' which attracts the protection of article 8(1) will depend on the factual circumstances, namely, the existence of sufficient and continuous links."Both Judge Bush and the Court of Appeal, following Qazi, rejected the Maloneys' reliance on article 8.— Lord Scott of Foscote at paras 128–131.As shown above The House of Lords confirmed this rejection based on the facts themselves was the only non-absurd solution, to permit the family to re-enter would be permitting them to trespass onto a public recreation ground.He held that the European Court accorded a generous margin of appreciation to the national authorities, attaching much importance to the facts of the case.Thus, it was for the courts to decide how in the first instance the principles expounded in Strasbourg should be applied in the special context of national legislation, practice and social and other considerations.If such people are granted a sub-licence by a real estate investment trust allowing them to occupy accommodation temporarily they do not, become secured (i.e. tenants) of the local authority.