Kay v Lambeth London Borough Council was a case in the House of Lords

House of Lords

The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

 relevant for English property law

English property law

English property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...

, UK human rights and English tort law

English tort law

English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...

 case involving claims

Cause of action

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...

 for possession by Lambeth London Borough Council

Lambeth London Borough Council

Lambeth London Borough Council is the local authority for the London Borough of Lambeth in Greater London, England. It is a London borough council, one of 32 in the United Kingdom capital of London...

 against a "group of former short-life occupiers".

Judgment

In the House of Lords it was held by Lord Bingham that the European Court accorded a generous margin of appreciation to the national authorities, attaching much importance to the facts of the case. Thus, it was for the courts to decide how in the first instance the principles expounded in Strasbourg should be applied in the special context of national legislation, practice and social and other considerations. To those decisions the ordinary rules of precedent should apply.

The ruling, which was in the plaintiff

Plaintiff

A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

's favour, in effect stated that homeless individuals who have been granted a sub-licence allowing them to occupy accommodation temporarily passed to a real estate investment trust

Real estate investment trust

A real estate investment trust or REIT is a tax designation for a corporate entity investing in real estate. The purpose of this designation is to reduce or eliminate corporate tax. In return, REITs are required to distribute 90% of their taxable income into the hands of investors...

 by a local authority, do not, as a result become secured tenants

Leasehold estate

A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....

of the local authority.