Many social housing tenants could now be afforded greater protection from eviction under human rights law after a ruling by the European Court of Human Rights confirmed that courts should take the personal circumstances of tenants - in particular vulnerable groups - into account. The Equality and Human Rights Commission argued that where a social landlord has a right to possession of a property, there is nevertheless an obligation to consider whether an eviction is proportionate to the landlord’s desire to use the property in whatever way they see fit. This, the Commission argued, was particularly the case where tenants may be vulnerable due to mental health problems, physical or learning disabilities, poor health or frailty.
The case arose out of the eviction of eight tenants from the properties they leased. The landlord terminated their leases. Domestic proceedings to overturn the evictions were unsuccessful. The tenants then appealed to the ECHR, arguing that they were secure tenants under the Housing Act 1985 and so their leases could not be terminated. They also argued that orders for possession against them would breach the right to respect for their homes under Article 8 of the European Convention on Human Rights. The Court agreed. Read more details of this case on the EHRC website by clicking on the logo below.
No comments:
Post a Comment