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.
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.”
.png)
Comments