Eviction of council tenants breaches human rights
The decision by the European Court of Human Rights on 21 September 2010 in the case of Kay and Others v The United Kingdom means that some occupants of social housing may now be offered greater protection from eviction.
The court held that the rights of seven occupants had been breached when their leases were terminated by the London Borough of Lambeth. It ruled that the applicants should have been able to challenge the proportionality of the decision to evict them in front of an independent tribunal, in a way which would have allowed for the occupants’ personal circumstances to be taken into account. As they did not have that opportunity, there had been a violation of Article 8 of the European Convention on Human Rights, which includes the right to respect for the home.
Elizabeth Petch of Bates, Wells and Braithwaite told Caritas: “The decision does not prevent providers of social housing from evicting occupants. However, even where providers have a right to possession, they are advised to give consideration to the proportionality of the decision to evict. In weighing up the decision, they should take the personal circumstances of the occupant into account. If a provider has properly taken into account these considerations, it is less likely that a court will overturn its decisions if they are challenged.
“The full ramifications of this case are yet to be seen. However, it seems likely that the test for availability for judicial review to challenge possession proceedings may now be applied in a more flexible way – one which allows for personal circumstances of occupants to be relevant to the county court’s assessment of the reasonableness of a provider’s decision to seek a possession order.”
Kay v UK (application no. 37341/06)
A more detailed analysis of this case can be found at: www.charitiesdirect.com/caritas-magazine/social-housing-providers-must-consider-tenant-circumstances-when-seeking-to-evict-818.html
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