European Court Lands Blow On The ‘Bedroom Tax’

The European Court of Human Rights (ECHR) has landed a major blow against the ‘Bedroom Tax’ and how housing benefit is administered. Judges have ruled that the ‘reform’ discriminated against a domestic-violence victim who was forced to pay extra for her panic room. The case concerned the effect of the ‘bedroom tax’ policy on women living in ‘Sanctuary Scheme’ homes – properties specially adapted to enable women and children at serious risk of domestic violence to live safely in their own homes. Read more on 24housing.

https://www.24housing.co.uk/news/european-court-lands-blow-on-the-bedroom-tax/

Disabled Bedroom Tax Victims Take Battle to Court Of Appeal

The grandparents of a severely disabled child have won the right to fight their case against the bedroom tax at the Court of Appeal. A solicitor acting on behalf of the family says that without the support of an overnight carer, the child would have to go into residential care – at substantial extra cost to his local authority. It is also argued that the bedroom tax discriminates against disabled children, contrary to Article 14 of the European Convention on Human Rights and the UN Conventions on the Rights of Disabled People and Children.  Bedroom tax regulations do not allow for children who need an overnight carer. Read more on the Welfare Weekly website.

HAs Say They'll Sue If Tories Force Them To Sell Off Homes Under Right-To-Buy

Housing associations set to be crippled by Conservative plans to extend the right-to-buy policy will launch a legal challenge against the move. The Tories have announced that they will force housing associations to sell off homes at a fraction of their value despite warnings that the policy could cause the not-for-profits to go bankrupt. Because housing associations are private not-for-profit businesses, forcing the sale of homes at below market value could potentially breach Article 1, Protocol 1 of the European Convention on Human Rights, which gives everyone the “right to the peaceful enjoyment of one’s possessions”. Industry sources also say charity law would have to be changed to accommodate the move because charities, including many housing associations, are generally prohibited from selling off their assets at below market value. Read more on the Independent website.

Judges Criticise Benefit Cap but Reject Bid To Overturn the Policy

The Supreme Court has criticised the government’s benefit cap for depriving children of the “basic necessities of life” but has ruled out overturning the policy. The criticism came in a Supreme Court divided judgment in the case of two single mothers who were victims of domestic violence and said the cap was in breach of the European Convention on Human Rights.  Although the appeal by the two women to overturn the policy was dismissed by a majority of three to two, three of the judges were concerned it was in contravention of the UN Convention on the Rights of the Child requirement for governments to prioritise the interests of children. Read more on the Children & Young People Now website.

High Court Rejects Single Parents' Bedroom Tax Challenge

Three single parents, who claimed the bedroom tax breached their human rights by limiting access to their children, have had their case rejected by a High Court judge. The three claimed the imposition of the benefit cut could force them to downsize to homes where their children could not come to stay. But the judicial review was rejected yesterday, after the judge - Justice Stephen Males - said the provision of discretionary housing payments (DHP) had prevented their rights being infringed. Justice Males went on to comment that even if DHP had been refused, Article 8 of the European Convention of Human Rights would not have been breached. Read more on the Daily Mail.

Tribunal Ruling Blow to Bedroom Tax Tenants

The vast majority of appeals against the bedroom tax on discrimination grounds are now likely to fail following a landmark tribunal ruling. An upper tier tribunal – which is binding on other British courts – ruled last month that all first-tier tribunals must follow a High Court ruling in favour of the bedroom tax, which means more than 100 current claims against the policy are unlikely to succeed.

The tribunal ruled in favour of the government’s policy against a disabled Inverclyde housing association tenant and concluded that all courts must follow a High Court ruling that the bedroom tax was not a breach of the European Convention of Human Rights because, although it was discriminatory against disabled people, it was justified because it was government policy. Read more on Inside Housing.

Liberty Granted Permission for Bedroom Tax Court Challenge

A human rights group has been given permission to proceed with a judicial review against the bedroom tax, claiming the policy unfairly affects separated families. A High Court judge granted permission for Liberty to proceed with a challenge against the measure, which penalises a parent for having a spare room if that room is lived in part-time by their child. Liberty says the scheme breaches the European Convention on Human Rights, which says people have a right to a private and family life. Read more on Inside Housing.

No Second Bedroom for Disabled Couple Is Discrimination

A tribunal has found a couple, who had been assessed as having one bedroom and one spare room, should qualify for local housing allowance (LHA) under the two-bedroom rate.   The couple were not able to share a room due to their disabilities. This was not taken into account by the local authority, and the second bedroom was treated as ‘spare’ for the calculation of LHA. But the judge in the appeal ruled applying the legislation in this way indirectly discriminates against couples who are disabled by not distinguishing them from able-bodied couples.  On this basis, he found a breach of article 14 of the European Convention on Human Rights, which could not be justified. Read more on Inside Housing.

Human Rights Judgement Could Tear Up Shorthold Tenancy Agreements

The Residential Landlord Association (RLA) has accused the European Court of Human Rights (ECHR) of "meddling" with the UK's housing market. The accusation has been provoked by a case that could decide the future rules for shorthold tenancies.  The ECHR has already decided that council and housing association tenancies are subject to Article 8 of the European Convention of Human Rights, giving a right of respect for the home and restricting the extent to which a public authority can interfere with a person’s right to respect for their home.  The case is an appeal against a County Court Judge’s decision that the same rules will apply to the private sector. If the appeal is dismissed and the original judgement upheld, landlords would have to jump through many more hoops to regain possession of their properties.  Read more on the RLA website.

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.

Human Rights Could Stop Government’s New Social Tenancy Scheme

European human rights laws could override the Government’s proposal that new style social tenancies could be brought to an end if a tenant’s financial circumstances improve says the Residential Landlords Association (RLA). The CLG has published a consultation on its proposed reforms to social housing. The announcement signals the potential end to security of tenure in the social sector. The RLA believe that the government may not have taken account of the European Convention on Human Rights which could make it difficult to evict a tenant even though the tenant may no longer qualify for subsidised social housing. At the same time the RLA is particularly worried about how private landlords may be prevented from recovering possession once private sector assured shorthold tenancies have come to an end. This follows on from a recent case where the Supreme Court overturned the previous approach of the English Courts and brought them into line with the European Court of Human Rights judgments. This means that potentially each case where a local authority evicts has to be reviewed to see whether eviction is “proportionate”. This is because it is a “public authority”. The case concerned local authority powers to end tenancies where the tenant does not have lifetime security of tenure. Read more on the RLA website.