An RAF squadron leader's ex-wife, still living in their married quarters five years after he left her, has failed to convince the High Court that eviction would violate her human rights.

Helen Nicholas, 45, took on the Ministry of Defence at the High Court, insisting she had the right to stay on in her three-bedroom home, in Thorn Avenue, Bushey Heath, despite the departure of her now ex-husband, Squadron Leader Andrew Nicholas, in 2007.

But, coming down in favour of the MoD, Mr Justice Burton, said that only her husband ever had a licence to occupy the property, "to enable him better to perform his duties as a servant of the Crown", and his ex-wife did not have any tenancy rights.

The judge added: "This house was owned by the MoD as one of many homes for servicemen and women posted locally. Mrs Nicholas has remained in the premises after her husband left and they subsequently divorced.

"There are 50,000 such premises in the UK owned by the MoD and occupied under similar terms."

Arguments that Mrs Nicholas was entitled to the same security and protection from eviction as other public authority tenants were "just not viable", ruled the judge, who upheld a possession order made against her in 2010.

Refusing to rule that Mrs Nicholas' lack of security was "incompatible" with her human rights he added: "The MoD has fulfilled its public duties and is entitled to possession.

"Our housing laws seek a balance between the rights of the individual and the rights of the society to which they belong. Mrs Nicholas remains unsettled and has yet to be offered any accommodation where she can take her dog."

The court earlier heard that Mrs Nicholas had been married to Squadron Leader Nicholas for 15 years when he moved out of the MoD-owned property. Now divorced, she was left with their golden Labrador, Jock, to keep her company.

While she was still reeling from her husband's departure, Mrs Nicholas received a second blow in the form of a letter from Defence Estates, the MoD department that manages the property.

The letter, which arrived a month after her husband moved out, informed her she no longer had a right to live in her home without him. She was issued with notice to quit, but has ever since been battling to stay on, saying she could otherwise face street homelessness.

Her lawyers argued without success that the MoD's stance was discriminatory and breached Mrs Nicholas' right to respect for her home and private life.

After yesterday's ruling, MoD lawyers assured the judge that no immediate steps would be taken to evict Mrs Nicholas and that she would be given reasonable time to move out.