星空传媒

A private sector tenant, who had been living with his gay partner, died. The couple had lived together, in the same manner as a heterosexual couple might, for several years in the property.

But under the 1997 Rent Act, succession to a full statutory tenancy was only permitted if a couple lived together 鈥渁s husband and wife鈥�.

In the 1999 case Fitzpatrick v Sterling Housing Association, the House of Lords had decided that this phrase could not apply to two men or two women living together. So the landlord in the present case refused succession and the decision was upheld by a county court judge. But the Court of Appeal then upheld an appeal by the tenant, so the landlord went to the House of Lords to try to force a return to the earlier ruling. The second appeal process was dismissed, with the House of Lords deciding that the Human Rights Act 1998 required legal rules about occupation of homes to be 鈥渞e-read鈥� to avoid unlawful discrimination. Discrimination on grounds of sexual orientation was unlawful.

This meant the Rent Act had to be re-read so that the words used would mean 鈥渓iving together as if they were鈥� a husband and wife. On that basis, the gay partner could and did succeed.