Social housing providers must show that decisions to evict tenants are necessary and proportionate, the Equality and Human Rights Commission has said.
Its advice will send shivers up the spine of the private rented sector, which is expecting a trial case to be brought at some point by a tenant who considers that eviction has been in breach of their human rights. One leading lawyer, Richard Jones who acts for the Residential Landlords Association, has said he expects a test case sooner rather than later.
European human rights legislation specifically gives people the right to a home.
The Commission has acted after a legal precedent was set in the courts, applying only to local authority landlords.
A report for providers, ‘Human Rights at Home’, gives advice on how the Human Rights Act relates to issues including allocation of housing, the terms of tenancy agreements, repairs and maintenance, and anti-social behaviour, as well as the correct procedure for eviction.
While social housing providers are obliged to comply with the Human Rights Act in dealing with their tenants and others, the guidance makes it clear that this law does not give people a right to housing or prevent landlords from taking proportionate action if tenants do not pay their rent or engage in anti-social behaviour.
Last year, the Pinnock case against Manchester Council opened up a debate about a tenant’s right to a home if they engage in anti-social behaviour. Mr Pinnock appealed against a possession order made by the council, citing his human rights. The court had to consider the proportionality of an eviction notice, but he was eventually evicted in April after his appeal was overturned.
Helen Hughes, chief executive of the Equality and Human Rights Commission, said: “Our role as a regulator is to help social housing providers understand what they need to do to meet their human rights obligations. Protecting the human rights of social housing tenants is not just the right thing to do, it also makes business sense.
“Human rights are about treating people with dignity and respect. These values should be the basic standard for any public service.
“Human rights are particularly important in relation to social housing, as people living in inadequate housing are more likely to have severe ill health, a disability or poor mental health.”
Comments
The death-knell for landlords letting to tenants reliant on LHA hand-outs, if any test case is perceived to be considering a tenant's rights ahead of any difficulties they may have caused.
The definition of 'proportionate' will likely take several of these test cases to be properly understood; in the meantime, the nervousness that will be caused could result in greater struggle for families living below the bread-line.
It is hard enough to find landlords willing to back LHA tenancies without adding more reason to shy away. The agency I work for has a take-up rate of less than 5%; I expect this paltry figure to diminish more in the short-term, perhaps permanently.
And what about removing squatters, who are otherwise to be homeless? I shudder to consider what might happen to landlords' properties during a void.
The sooner we get out of the mess called the EU (or insist on modifying our membership) and get back to running our own affairs with a modicum of common sense the better.
On what planet are the Equality & Human Rights Commission Members the sole occupants? It doesn't appear to be Earth!
i agree with you Jimmy.
my point is, the government want private landlords to help out housing DSS tenants. what private landlord or letting agent in their right mind would agree to it when the tenant can pretty much do whateva they want and not get evicted?
Well, if you rent to these scumbags in the first place you must be either stupid or desperate. Get a bath, and get a job.
And they want private landlords to help take up the slack with social housing tenants! good luck with that....
Couldnt agree more...the PC brigade at it again. Housing should be a privalage and not a right which is taken for granted. Because it is "Free" it is deemed worthless by many of those who claim it!
Human Rights is all fine well and good, but surely the landlord has a human right to have his rent paid and his tenants to live in a property in a right and proper manner.
The article states that human rights is about dignity and respect of the tenant, what about that tenants dignity and respect for their neighbours when they are having their drunken rows at 3am or shouting abuse at passers by.
I have recently evicted a social housing tenant for one of my landlords after constant complaints from neighbours, police and asbo dept,, the state the property was left in was disgusting now the landlord has to pick up the cleaning and redecoration tab as the rent arrears she left behind ate up the deposit.