Circle 33 v Lawal 12 November 2013

Mr. Lawal was aged 76 and had been the tenant of Circle 33 since 1974. The association claimed that the tenancy had ceased to be 'Secure' because Mr. Lawal  no longer occupied the property as his principal home.

A judge granted a possession order after finding that over the past five years Mr. Lawal had spent only 10% of his time in the UK and that his principal home was in Nigeria. The judge was addressed on Article 8 but did not deal with it in her judgment.

On a renewed application for permission to appeal, the Court of Appeal granted a stay and adjourned the application so that the appellant could consider whether county court procedures allowed an Article 8 point to be taken at a later stage when the association would apply for a warrant.