Ghaidan v Godin-Mendoza [2004]

It was possible under the Human Rights Act 1998 s.3 to interpret the Rent Act 1977 Sch.1 para.2 so that it was compliant with the rights set out in the Human Rights Act 1998 Sch.1 Part I. The court was required to depart from the interpretation of para.2 enunciated in Fitzpatrick v Sterling Housing Association Ltd [2001] 1 A.C. 27, and para.2 should be read, and given effect to, as though the survivor of a homosexual couple living together was the surviving spouse of the original tenant.

The instant appeal against a decision of the Court of Appeal ([2002] EWCA Civ 1533, [2003] Ch. 380…