1. For the reasons stated above, I am satisfied that the act of giving the notice to vacate pursuant to s263 of the Act was unlawful pursuant to s38(1) of the Charter.
2. Furthermore, for the reasons stated above, I am satisfied that in the making of the decision to give that notice to vacate, the landlord failed to give proper consideration to a relevant human right, which also was unlawful pursuant to s38(1) of the Charter.
3. I am satisfied that, as a public authority, the landlord must comply with s38(1) of the Charter and that in this case it did not do so.
4. Therefore I am not satisfied the landlord was 'entitled to give the notice' for the purposes of s330(1)(a)(i) of the Act.
5. The application for an order for possession is refused.

[1] Vol 1, p 107, Clarendon Press, Oxford, 1993