'You can't evict me – it's against my human rights,' says tenant

The case of a tenant who owed £3,500 in rent and who could not be evicted because of her human rights, could have enormous implications for the private rented sector.

Last autumn, a separate landmark ruling ruled that, while that tenant lost his case, human rights must be taken into consideration and that action such as eviction must be ‘proportionate’.

Now the case of Rebecca Powell sets the actual precedent.

Hounslow Council gave homeless Miss Powell, now 23 and a mother of four, a home in 2007 but by the following year she owed £3,500 in rent arrears and eviction proceedings began.

Miss Powell had been entitled to around £15,000 a year in housing benefit which could have covered the payments, but she had not applied for it properly.

Eviction proceedings began but were halted when Miss Powell appealed under the Human Rights Act. At one stage the council moved the family out in order to renovate the home, and then moved them back.

Last week, Miss Powell won her case. The Supreme Court said that – under the European Convention on Human Rights – eviction would be a breach of the right to ‘respect for a person’s home’.

Lord Hope and Lord Phillips ruled that the council had not considered whether it was ‘proportionate’ to evict Miss Powell and ordered that the eviction be quashed.

Miss Powell has agreed to clear her arrears of £3,536.39 at £5 per week, meaning it will take over 13 years to pay off the debt.

The court rulings so far only apply to the social housing sector.

However, legal experts are warning that it is only a matter of time before a private tenant facing eviction also appeals under Human Rights law. If and when that time comes, it is felt that courts would find it very difficult to distinguish between social tenants and private tenants.