Not exact matches
She contended that because
cohabitee succession
rights were subject to a twelve month condition, this would constitute discrimination (in breach of Art 14) concerning occupation of her home (under Art 8).
The Court of Appeal was satisfied that the relationship of an unmarried
cohabitee was not equivalent with that of a spouse or civil partner in the context of a Widowed Parent's Allowance and that there was no violation of Human
Rights.
Recent litigation includes acting for a receiver in a claim to recover possession from trespassers and mortgagors; acting for a claimant in a trial to establish a prescriptive
right to park; acting for a former
cohabitee in a claim for a beneficial interest of property under TOLATA; acting in a claim for an injunction and damages in respect of trespass and nuisance; acting for a mortgagee in a contested mortgage possession claim defended on the grounds of undue influence, non est factum and unconscionable bargain; acting for a defendant in a claim for damages for unlawful eviction; and acting for a landlord in a claim for renewal of a business tenancy.
In this respect, they would have greater
rights than heterosexual
cohabitees.
Strict Property Law applies in these cases and there are no special
rights granted to
cohabitees.
Whilst
cohabitees do enjoy legal protection in several areas, they still have significantly fewer
rights than couples who are married or in civil partnerships.