Ghaidan v Godin-Mendoza [2004] UKHL 30

Introduction

Ghaidan v Godin-Mendoza [2004] UKHL 30 is a landmark case on the interpretation of legislation under section 3 of the Human Rights Act 1998. The House of Lords held that the Rent Act 1977 must be read and given effect compatibly with Article 14 (prohibition of discrimination) and Article 8 (right to respect for the home) of the European Convention on Human Rights, so that the surviving same-sex partner of a tenant could succeed to a statutory tenancy. The case is a leading authority on the power of the courts to read words into legislation to achieve Convention compatibility.

The Facts

Mr Mendoza had lived in a flat with his same-sex partner, Mr Wallwyn-James, who was the protected tenant under the Rent Act 1977. When Mr Wallwyn-James died, the landlord sought possession. The Rent Act 1977 provided that the surviving spouse of a tenant succeeded to the tenancy, defining spouse as a person who was living with the tenant as “his or her wife or husband.”

The Judgment

The House of Lords held that the Rent Act 1977 should be read under section 3 of the HRA 1998 as applying to same-sex partners. Section 3 requires that primary legislation be read and given effect in a way that is compatible with Convention rights, so far as it is possible to do so.