In the case of McDonald (by her litigation friend Duncan J McDonald) v McDonald and others  UKSC 28 it was held that a possession order was quite rightly made under s21 (4) of the Housing Act 1988 against a tenant with an assured shorthold tenancy. The tenant had attempted to enact Article 8 of the European Convention on Human Rights.
Article 8 has been used on many occasions to justify a different Order to that which is governed by State law. It remains to be seen which laws will remain following Brexit and whether they will need to be amended or repealed. It is likely that the UK’s future outside the EU may still involve the need to comply with some European laws and principles.
If you would like assistance in Landlord and Tenant disputes, our Ligitation team has a wealth of experience in dealing with this type of claim. Please call 01524 846846 for further information.