Possession proceedings and the HRA
Series: Solicitors' Journal ; 144(37) 906-907(2)Publication details: 2000Subject(s): Summary: 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.| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Journal article | London Journal article | 1 | Available | 108907-1001 |
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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.