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Equality and Human Rights Commission intervenes in social housing case

Many social housing tenants could now be afforded greater protection from eviction under human rights law after a ruling by the European Court of Human Rights confirmed that courts should take the personal circumstances of tenants - in particular vulnerable groups --  into account.

The Equality and Human Rights Commission intervened in the case, arguing that where a social landlord has a right to possession of a property, there is nevertheless an obligation to consider whether an eviction is proportionate to the landlord’s desire to use the property in whatever way they see fit.  This, the Commission argued, was particularly the case where tenants may be vulnerable due to mental health problems, physical or learning disabilities, poor health or frailty.

The case arose out of the eviction of Gavin Kay and seven other tenants from the properties they leased from the London Quadrant Housing Trust In 1999, the Trust terminated their leases. Domestic proceedings to overturn the evictions were unsuccessful.

The tenants then appealed to the ECHR, arguing that they were secure tenants under the Housing Act 1985 and so their leases could not be terminated. They also argued that orders for possession against them would breach the right to respect for their homes under Article 8 of the European Convention on Human Rights.

The Court agreed with the Commission, saying that 'the loss of one's home is the most extreme form of interference with the right to respect for the home'. They went on to say that anyone facing a loss of that magnitude has the right to have the proportionality of the loss determined by an independent court or tribunal, even where the right of occupation has come to an end.

The Court found that there had been a violation of Article 8 and each of the applicants was awarded €2,000 compensation.

John Wadham, the Commission’s Group Director, Legal, said:

“This decision does not prevent social landlords from evicting a tenant; what it does mean is that human rights -- and the basic human right of respect for one's home -- is considered and balanced in making that decision.

As decisions of the ECHR are not directly binding on UK courts, tenants and social landlords will have to await further decisions of the domestic courts on a similar 'Article 8' defence before the full implications of this decision become clear or await a change of law from the government.

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

Kay and Others v The United Kingdom Judgment

Article 8 of the European Convention on Human Rights states:

1. Everyone has the right to respect for his private and family life, his  home and his correspondence.
2. There shall be no interference by a public authority with the  exercise of this right except such as is in accordance with the law  and is necessary in a democratic society in the interests of national  security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

The Equality and Human Rights Commission

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

Interventions

The UK Parliament has recognised the value of the Commission's expertise, imposing on it an obligation to intervene in certain legal proceedings by virtue of section 30 of the Equality Act 2006. The Commission takes a strategic approach when deciding to intervene. It will generally intervene in cases where it can use its expertise to clarify or challenge an important element of the law. The cases generally involve serious matters of public policy or general public concern. The outcome of these cases often has a wide impact as they set precedents to be followed by the lower courts.