Possession proceedings and the HRA
Henderson, A.
Possession proceedings and the HRA - 2000 - Solicitors' Journal 144(37) 906-907(2) .
Looks at the impact of the Human Rights Act 1998 in proceedings for the possession of residential property. Under s6(1) of the Act it is unlawful for a public authority to act in a way which is incompatible with a Convention right. Thus a local authority's decision to seek the possession of residential property will be subject to Convention rights. This would suggest that in the course of possession proceedings, a tenant could argue that landlord authority is acting in breach of his Convention rights. Looks at which Convention rights a court will need to take into consideration in these circumstances, and counterveiling interests. Case law.
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
RESIDENTIAL PROPERTY
POSSESSION PROCEEDINGS
EVICTION
LOCAL AUTHORITIES
Possession proceedings and the HRA - 2000 - Solicitors' Journal 144(37) 906-907(2) .
Looks at the impact of the Human Rights Act 1998 in proceedings for the possession of residential property. Under s6(1) of the Act it is unlawful for a public authority to act in a way which is incompatible with a Convention right. Thus a local authority's decision to seek the possession of residential property will be subject to Convention rights. This would suggest that in the course of possession proceedings, a tenant could argue that landlord authority is acting in breach of his Convention rights. Looks at which Convention rights a court will need to take into consideration in these circumstances, and counterveiling interests. Case law.
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
RESIDENTIAL PROPERTY
POSSESSION PROCEEDINGS
EVICTION
LOCAL AUTHORITIES