Ghadian v Godin Mendoza, 2004, UKHL 30, 2 AC 557
Citation:Ghadian v Godin Mendoza, 2004, UKHL 30, 2 AC 557
Rule of thumb:Where 2 males have been living together as gay partners and the person named on the lease dies, does the other partner have the right to carry on the lease? Yes, the other partner can have their name transferred onto the lease.
Background facts:
The basic facts of this case were that 2 homosexual males were living together as partners. One of the men died and the landlord, Ghadian, sought to end the lease. The other male, Mendoza, argued that he had the right to continue on the lease as they were living as partners, and refused to leave the property.
Parties argued:
Ghadian sought a repossession order to kick Mendoza out the flat. The Court affirmed that the Rent Act 1977 which Ghadian was relying on was a violation of the right against anti-discrimination.
Judgment:
The Court affirmed that Mendoza should have the right to carry on the lease the same way that a same sex partner would have.
Ratio-decidendi:
‘I agree with my noble and learned friends... that discriminatory treatment of homosexuals is incompatible with their convention rights and cannot be justified by any legitimate aim...’, Lord Millet
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.