Landlords face possibility that they may not be able to evict tenants under Human Rights Law!Make Text Bigger
I have just read a thread on Property Tribes that says Hounslow Council have been prevented so far from evicting a tenant because she is claiming that they are contravening her human rights under Article 8 of Human Rights Act 1998.
This is what Article 8 says –
Article 8 Right to respect for private and family life
- Everyone has the right to respect for his private and family life, his home and his correspondence..
- 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.
I can easily see why local authorities are vulnerable to The Act but not how it might relate to a private landlord. The Human Rights Act 1998 does not apply to private individuals, or am I missing something? Particularly since a large landlords organisation are expressing concern?
Something does occur to me though, if this tenant wins using the Act against the local authority where does this leave all local authorities? I’ll bet Ben Reeve-Lewis has something to say about that? Will they need to transfer the ownership of all their stock to private individuals or companies? Is there a business opportunity here for the PRS?
Or will the Secretary of State exercise this power under Section 14.
…does not prevent the Secretary of State from exercising his power under subsection (1) F5…to make a fresh designation order in respect of the Article concerned.
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