Proposed social tenancy reforms could infringe Human Rights law

European human rights laws could override Government proposals to allow some social tenancies to be ended because a tenant’s financial circumstances have improved.

The suggestion is being made by the Residential Landlords’ Association (RLA), following the publication of proposed reforms to social housing tenancies, earlier this week.

The RLA believes that ministers may not have taken account of the European Convention on Human Rights, which could make it difficult to evict a tenant even though they may no longer qualify for social housing under the proposed new rules.

A recent Supreme Court Case has apparently overturned the previous approach of English Courts in this area, bringing them into line with European Court of Human Rights’ judgments.

Potentially, each case where a local authority evicts will have to be reviewed to see whether eviction is “proportionate” because the local authority is a “public authority”.

According to the RLA, whether or not a housing association is also a “public authority” is not established, but “it is only a matter of time before there is a challenge”.

While the Supreme Court made it clear that its ruling did not extend to the private-rented sector, the RLA is concerned that private landlords may in future be prevented from recovering possession once private sector assured shorthold tenancies have come to an end.


(2010-11-24/homemove.co.uk)