Hugh and Juan were in a long-term relationship and living together in a flat in London when Hugh passed away. Hugh was a protected tenant of the flat so when Juan wanted to continue living there after Hugh’s death, he should’ve had the right to take over the tenancy as his spouse. When the landlord tried to take back the flat, judges ruled against this, permitting Juan to stay. The Rent Act allowed for a “surviving spouse” to take over the tenancy, and the court interpreted this to include the survivor of a gay couple. The judge said same-sex couples should have the same right as heterosexual couples to share each other’s life and make their home together. The Human Rights Act protected Juan’s right to family life, and his right not to be discriminated against because of his sexual orientation.
Protecting a gay tenant’s rights