A landmark decision that awarded tenancy protection rights to cohabiting gay couples is to be challenged in the House of Lords.
In November 2002, the Court of Appeal ruled that gay couples living together were entitled to the same right to protection of their tenancies, following the death of one partner, as married heterosexual couples. It upheld the right of Antonio Mendoza to remain as tenant of the Kensington home he had shared with his late partner, pursuant to Article 14 of the European Convention on Human Rights.
The decision, which ran contrary to earlier House of Lords rulings, was said by lawyers to give a new degree of “protection against bigotry” and “a recognition by the English courts of the human rights of homosexuals”.
Three law lords, Lords Nicholls, Millett and Walker, have now given permission for an appeal. No reasons for their decision have been given.
References: PLS News 21/02/03
