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.