Duncan Lewis Solicitors Defeats Landlord’s Eviction Attempt Against His Own Wife (6 August 2025)

The Duncan Lewis Housing team has successfully defended a possession claim brought under Ground 6 of Schedule 2 of the Housing Act 1988, in a case where the landlord and tenant were also husband and wife. The Court found there was no reasonable prospect of the claim succeeding, and that the wife’s marital rights superseded the tenancy contract.

Case Background

In August 2023, the tenant (A) entered into a tenancy agreement with her landlord, a company owned entirely by one individual (L), who was also its sole director with 100% shareholding.

A month later, A and L began a relationship and married in March 2024. Following a breakdown in the relationship, L decided to evict his wife through his company.

The landlord relied on Ground 6, which allows possession where substantial redevelopment, reconstruction or demolition is planned, making it impossible for a tenant to remain living in the property during the works. In his Claim Form and Particulars of Claim, the landlord provided evidence of alleged rent arrears — but failed to properly plead the relevant grounds.

The property A lives in formed part of a building: a restaurant on the ground floor, with two residential flats above. Duncan Lewis discovered that the landlord/company only held a commercial lease from a superior landlord, which meant that they did not have the right to lease the property for residential purposes – and there was no evidence of permission sought from the superior landlord.

A clause in the commercial lease did allow a restaurant ‘caretaker’ to live above the premises, but there was no direct residential lease to L.

The Legal Issues

After the first hearing, A was referred to our Family Law team to apply for home rights and/or an occupation order. The family court later ordered that both the housing and family matters be heard together.

At the combined hearing, the following issues were addressed:

1. Can a wife’s marital rights supersede a tenancy agreement?

Yes. Under Section 33 of the Family Law Act 1996, a spouse can only be removed from the family home via an occupation order. It was argued that any order made by a housing court would be superseded by an occupation order because marital rights are stated in legislation, whilst a tenancy agreement is a contractual arrangement

With our Family team’s assistance, A obtained an interim occupation order, securing her right to remain in the property from the date of marriage.

2. Was the property a family home?

Ultimately, yes. L moved into the top flat with A after their marriage, and the marriage certificate listed it as their residence. This was enough for the Court to treat it as a family home, despite initial questions.

Although the company (as landlord) was legally distinct from L, his right to reside in the property arose through marriage to A — not via any agreement with the landlord/company directly.

3. Could the landlord succeed under Ground 6 for eviction?

No. To succeed under Ground 6, the landlord needed to show the Court there was a genuine intention to renovate and/or demolish at least a substantial part of the property, to the extent that the tenant could not live in the property whilst works were ongoing.

The only evidence produced was a quote for decorative works obtained only a month before the second hearing – with no planning permissions, no consent from the superior landlord, and no substantial works proposed.

Outcome

The court rejected the possession claim, upholding A’s right to remain in the property under her marital rights and the interim occupation order. This case highlights the powerful protection marital rights can offer in housing disputes – and the impact of a coordinated approach between housing and family law teams.

The housing matter was conducted by Caseworker Johnley Videña, under the supervision of Solicitor Nana Asare, with Miranda Grell of Staple Inn Chambers instructed as counsel. The family matter was led by Solicitor Ruhena Uddin, with Mr George Paterson of Four Brick Court acting as counsel.

About the Author

Johnley Videña is a Caseworker in the Housing team, working under the supervision of Director, Dianne Cowie. Johnley primarily focuses on publicly funded (legal aid) housing law matters including homelessness, possession, disrepair and unlawful evictions and committal proceedings.

Contact Johnley via email at johnleyv@duncanlewis.com, or by telephone on 02079238465.

Duncan Lewis Solicitors

Duncan Lewis Solicitors, an award-winning law firm, is renowned for its exceptional legal services and commitment to justice. The firm employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, ranked as top tier by the Chambers and Legal 500 legal guides, and recognised as one of the top 250 law firms in the country by The Times. Duncan Lewis was crowned Law Firm of the Year at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.