Corporate Landlord Is Abusing Human Rights

A multinational corporate landlord with more than 2,000 homes in the UK is abusing human rights around the world, the UN’s housing spokesperson has declared. In a scathing intervention, Leilani Farha, the UN’s special rapporteur on adequate housing, attacked Akelius Residential Property AB’s “aggressive push for housing profits”. She said: “Akelius’s business model, driven by the desire to maximise profits, has created a hostile environment for its tenants through a severe degradation of housing conditions, higher rents and increased risk or threat of eviction.” Swedish-listed Akelius owns 2,242 flats in London. It specialises on mid-market rents and does not currently have any clear involvement in the UK social housing sector. Read more on Inside Housing.

https://www.insidehousing.co.uk/news/corporate-landlord-is-abusing-human-rights-says-un-expert-66304?utm_source=Housing60&utm_medium=email&utm_content=article_link&utm_campaign=H60

Grenfell Residents’ Rights Were Breached

The human rights of Grenfell Tower residents were breached by the council and central government before the disaster that killed 72 people, according to a hard-hitting report by the government’s own equalities watchdog. Residents’ rights to life and adequate housing were contravened before the fire, including by allowing the use of combustible cladding and allocating flats high in the building to elderly and disabled people, many of whom died.  The Equality and Human Rights Commission said “the state either knew, or ought to have known, of the real and immediate risk to life posed by the cladding on Grenfell Tower”, that regulation had failed and that it had also failed to tell residents about the dangers they faced. Read more on the Guardian website.

https://www.theguardian.com/uk-news/2019/mar/13/grenfell-residents-rights-were-breached-equalities-watchdog

High Court Rules Right To Rent Breaches Human Rights

The High Court has ruled that the government’s Right To Rent scheme breaches human rights law in a damning verdict on government immigration policy. Mr Justice Martin Spencer ruled that the scheme breached the European Convention on Human Rights on the basis that it led to discrimination against non-UK nationals with the right to rent and British ethnic minorities. Referring extensively to argument and evidence provided by the RLA, Justice Spencer concluded that discrimination by landlords was taking place “because of the Scheme”. He went on to conclude that “the government’s own evaluation failed to consider discrimination on grounds of nationality at all – only on grounds of ethnicity”. Read more on 24housing.

https://www.24housing.co.uk/news/breaking-high-court-rules-right-to-rent-scheme-breaches-human-rights-law/

Conservatives' Flagship CPO Plans For Social Rent 'Could Face Legal Challenge'

Tory plans to overhaul compulsory purchase laws to boost social housing provision could be challenged in parliament and through the courts, experts have warned. The Conservative Party this weekend pledged “a new generation of homes for social rent”, with cheap land deals part of the plan. Theresa May’s party said allowing councils to compulsorily purchase brownfield sites at below market value could release sites for social housing, particularly in urban areas. But Jacqueline Backhaus, head of planning at law firm Trowers & Hamlins, said any change to compulsory purchase legislation would be tough to enact – and could be challenged on human rights grounds. Read more on Inside Housing.

Bedroom Tax 'Breaches Human Rights Of Vulnerable People'

The so-called “bedroom tax” breaches the human rights of vulnerable people, Britain's most senior judge has ruled. But Lord Thomas, the Lord Chief Justice, and two other senior judges face claims of “usurping the role of Parliament” over the ruling hailed by campaigners against the Government’s benefits changes as a major victory. The judges, sitting at the Court of Appeal in London, found that the policy discriminated against a victim of domestic violence and the family of a severely disabled boy because of the way it is administered. Campaigners hailed the judgment as a vindication for claims that the policy was having a “catastrophic impact” on poor families.  The case is now set to go to the Supreme Court. Read more on the Daily Telegraph website.

Landlords To Launch Legal Challenge To Osborne's Tax Relief Changes

A group representing 250 landlords is to launch a court challenge against tax changes to buy to let coming into force in 2017, claiming they have been victimised by George Osborne.  The landlords have obtained legal advice that they have grounds to mount a judicial review of the tax changes, claiming that it breaches human rights legislation and European law. From 2017, tax relief for buy to let will gradually be cut to a flat rate of 20% compared with the 40% or 45% that some landlords currently enjoy. In the autumn statement the chancellor added an extra 3% stamp duty on buy-to-let purchases. Read more on the Observer website.

UK Housing Crisis 'In Breach of Human Rights'

The UK is in breach of its own United Nations human rights commitment to provide people with adequate homes because the housing crisis is so serious, a consortium of leading housing charities has warned. They cite soaring housing rental costs, unhealthy conditions in homes, and rising levels of homelessness and warn of “profound issues of lack of supply, increasing housing costs, lack of security of tenure and homes of such poor quality that they are unfit for habitation”. Called Just Fair, the group’s members include Crisis, Oxfam, Amnesty International, Save the Children and Unicef UK. Their document describes the right to housing in England as in “crisis”. Download a copy of the report from the Just Fair website.

Pickles 'Breached' Green Belt Gypsies' Human Rights

Communities Secretary Eric Pickles "unlawfully discriminated" against Romany Gypsies wanting pitches in the Green Belt, the High Court has ruled. A judge said human rights were breached by "calling in" cases normally considered by planning inspectors. The ruling is likely to affect other members of the travelling community. Mr Justice Gilbart said Mr Pickles was operating a legally flawed policy of "recovering" for his own consideration appeals by travellers who claim there are exceptional circumstances for allowing them Green Belt sites. Read more on the BBC website.

Disabled Couple Win Bedroom Tax Exemption - But Welfare Chiefs Appeal To Overturn Decision

A couple who beat the Bedroom Tax because of disability said they felt “betrayed” after welfare chiefs decided to try to overturn their court victory. Jacqueline Carmichael, 42, who has spina bifida, and Jayson, 52, won an exemption when a tribunal ruled the tax breached their human rights. The couple were penalised for having a spare room in their flat in Southport, Merseyside, even though wheelchair-bound Jacqueline’s condition makes it impossible for them to share a bedroom. The DWP will appeal. Mr Carmichael said: “We are shocked and saddened. Now we could be faced with a big bill if the Upper Tribunal overturn this decision.” Read more on the Daily Mirror website.

Legal Challenge to Bedroom Tax Fails

An attempt to overturn a bedroom tax decision on human rights grounds has failed because of discretionary housing payments. The upper tribunal refused an appeal against a cut to a claimant’s housing benefit under the bedroom tax policy. The appeal was brought by a tenant who is the sole occupant of a two-bedroom home. His second bedroom is used a few days of the week by his 14-year-old son, who lives with his mother for the remainder of the time. The tenant argued that article 8 of the Human Rights Convention of Human Rights should have been taken into account by a first-tier tribunal, which upheld the council’s decision. The upper tribunal judge found that the first-tier tribunal’s decision was ‘erroneous in law’, as it did not give adequate consideration to the human right argument. However, he found that the error was ‘not material’ to its decision to refuse the appeal. Read more on Inside Housing.

Mothers In 'Benefits Cap' Challenge

Three single mothers and their children are challenging the legality of the Government's flagship "benefit cap" policy in the Court of Appeal. Two High Court judges, who ruled in favour of the Government, conceded that the mothers were "particularly hard cases". But they decided new capping regulations did not breach human rights laws and were not disproportionate. the mothers are asking three appeal judges to overturn the High Court ruling. Lawyers acting for the mothers and one child from each family, all from the London area, say the "cruel and arbitrary" cap is "reminiscent of the days of the workhouse", and the women fear it will leave them destitute. Read more on the Evening Standard website.

Homeless People Being Denied Basic Human Rights

Hundreds of homeless people living on the UK's streets are being denied basic human rights such as access to shelter, drinking water, sanitation and food, a coalition of housing and human rights groups has claimed. The UK Common Rights Project (UKCRP) says that the conditions many homeless people find themselves in are in contravention of the UN Declaration of Universal Rights. Led by Christian campaign group Housing Justice, UKCRP is developing the campaign to raise public awareness about the importance of the basic rights to shelter, food, drinking water and sanitation. An initial two working groups in Southwark and Islington representing local people will come up with innovative and practical solutions. Read more on 24dash.

High Court to Rule on Benefits Cap 'Within a Month'

The High Court will decide whether the government’s benefit cap regime breaches the human rights of the vulnerable ‘within a month’, after a legal challenge.  Ian Wise QC, appearing for three families, is arguing the policy discriminates against lone mothers and will force refuges for women fleeing domestic violence to close. But James Eadie QC says the level of the cap is a matter of primary legislation and cannot be challenged.  Lord Justice Elias and Mr Justice Bean heard closing submissions at the High Court before reserving judgement. Read more on Inside Housing.

Benefits Cap To Leave Families ‘Destitute’, Court Hears

Lone mothers and their children face ‘destitution’ as a result of the £500-a-week household benefits cap, the High Court has heard. Two judges are being asked to rule that capping regulations introduced by work and pensions secretary Iain Duncan Smith are unlawful and breach the human rights of out-of-work women struggling to bring up families on their own. The challenge is being brought by three families from Hackney, Haringey, and Hammersmith & Fulham, two of which have fled domestic violence. Read more on Inside Housing.

Landlords Face Being Unable To Evict Tenants under Human Rights Law

Landlords in the Private Rented Sector face the possibility of being unable to evict tenants who fail to pay their rent or commit anti-social behaviour as a result of a ruling by the Supreme Court.  Hounslow Council had tried to evict one of its tenants as she owed more than £3,500 in arrears after the authority housed her in temporary accommodation after she became homeless in April 2007. She was entitled to £15,000 in housing benefit, but had not applied for it properly.  Having begun legal proceedings to evict her, the Council was prevented from doing so after the tenant lodged an appeal claiming that the move breached her right under Article 8 of the European Convention of Human Rights to have respect for a person’s home.  The tenant’s argument, heard last year by the Supreme Court was consequently upheld by Lord Hope and Lord Phillips who ruled that the Council had not considered whether it was ‘proportionate’ to evict the tenant and ordered that the eviction be quashed. The Court left open the question of whether the same principle applies in the Private rented Sector.  Read more on the Residential Landlords Association website.

UK 'Risks' Breaching Guidelines on Disabled Rights

The UK is at risk of breaching UN guidelines on the rights of disabled people to live independently, according to a government report. The report, from the joint committee on human rights, said the government needs to implement freestanding legislation to protect the right to independent living and explore the ways the current benefit reforms affect the ability of disabled people to live an independent life. The MPs on the committee found that reductions in funding for local authorities, changes to disability living allowance under the Welfare Reform Bill, caps on housing benefit and the closure of the independent living fund risk leaving disabled people without the support they need to live independently. Download a copy of the report from the Parliament website.