Council tenant uses human rights to quash eviction order

09 April 2012 Categories: News

Council tenant uses human rights to quash eviction order

A council tenant living in Hounslow,Londonhas successfully cited Article 8 of the European Convention of Human Rights to get her eviction order quashed. The article that states her right to have others respect her home was last year seen as an appropriate argument by the Supreme Court and as a result Miss Powell was allowed to remain in her council property, even though she owed more than £3,500 in rent.

The Supreme Court ruled that Hounslow Council had failed to consider whether eviction was ‘proportionate’ in Miss Powell’s case and as a result the eviction order was quashed.

There are now fears that this could be the start of an epidemic that will spread to the private rental sector, and currently nobody really knows whether tenants in private rental properties have the same rights regarding Article 8.

Richard Jones, policy director and solicitor for the Residential Landlords Association outlined the worries of the private rental sector saying; “At present landlords in the private rented sector are able to begin eviction proceedings based on a tenant breaching the terms of their contract if they fall into arrears on their rent by two months. Recent rulings by the Supreme Court however raise the very real prospect now that it could become all but impossible to evict a tenant given the lack of clarity over what ‘proportionate’ action would look like.