In1980 the marriage broke down but the couple stayed in the flat. The husband later gave notice to quit and was rehoused in a different, smaller, council flat.
The council brought a possession case against the wife. She claimed that to grant possession would not accord her "respect for her home" under the European Convention on Human Rights.
Also, she said that what had occurred in 1970 was discrimination.
The judge granted possession and the Court of Appeal upheld his decision. If Mrs O'Sullivan were to stay she would "jump the queue" over others waiting for a flat.
The law prevented eviction without a court order, gave her homelessness assistance and entitled her to queue for a new home. That was enough "respect".
There was no duty on the council to consider making her a joint tenant after the flat had become her home.
Source
Housing Today
Reference
Despite this result, the court recognised that councils could be challenged by judicial review if they failed to make properly informed decisions to claim possession in such cases.
