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Tenancies and same-sex couples

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Probert, Rebecca. (2002) Tenancies and same-sex couples. The New Law Journal, Vol.152 (No.7058). pp. 1801-1802. ISSN 0306-6479

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Official URL: http://webcat.warwick.ac.uk/record=b1743629~S7

Abstract

The rights of same-sex couples have attracted much media attention recently. On 5 November both Houses of Parliament voted to allow unmarried couples—of the same or opposite sex—to adopt children jointly. On the same day, in Mendoza v Ghaidan [2002] EWCA Civ 1533 the Court of Appeal ruled that a same-sex partner was entitled to succeed to a tenancy in the name of his deceased partner as if he were the husband or wife of the deceased. In so deciding the court went further than the House of Lords in Fitzpatrick v Sterling HA [2001] 1 AC 27 and paved the way for legal parity between same-sex and heterosexual cohabitants. This article considers the reasoning in Mendoza and its implications for future developments.

Item Type: Journal Article
Subjects: K Law > KD England and Wales
Divisions: Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH): Gay couples -- Legal status, laws, etc. -- England, Gay couples -- Legal status, laws, etc. -- Wales, Joint tenancy -- England, Joint tenancy -- Wales
Journal or Publication Title: The New Law Journal
Publisher: LexisNexis Butterworths
ISSN: 0306-6479
Date: 29 November 2002
Volume: Vol.152
Number: No.7058
Page Range: pp. 1801-1802
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access
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URI: http://wrap.warwick.ac.uk/id/eprint/39428

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