What Are The Material Facts Of The Case?

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1. What are the material facts of the case? The defendant Juan Antonia Godin-Mendoza, had from 1972 lived in a stable and permanent homosexual relationship with the protected tenant of a flat, until his death on 5th January 2001. The claimant, Ahmad Raja Ghaidan, on the protected tenant’s death (Mr Hugh Wallwyn-James), brought possession proceedings by means of paragraph 2 schedule 1 the Rent Act 1977 . Two impediments went against Mr Godin-Mendoza, firstly, paragraph 2(2) is gender specific. Secondly, the ruling of the Fitzpatrick v Sterling Housing Association in the House of Lords rejected the argument that a same-sex partner could bring himself or herself within the scope of paragraph 2(2) . The county court judge deemed that Godin-Mendoza did not succeed to the tenancy of the flat as the surviving spouse of the original tenant, but was granted a lesser assured tenancy by virtue of section 3(1) of the Rent Act as a member of the original tenant’s family . 2. Describe briefly the history of the litigation of this case (which courts heard the case, which way did they rule, what court is now deciding the case, which judges are hearing the case in this court)? In the West London County Court proceeding were brought by Ghaidan. Judge Cowell granted a declaration that Godin-Mendoza did not succeed to the tenancy of the flat as the surviving spouse, but became entitled to an assured tenancy of the flat by succession as a member of the original tenant’s family.
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