Do Tenants have Human Rights when a Landlord wishes to evict them?
When a landlord serves a Section 21 Notice to evict their tenant, in response, could a tenant raise a Human Rights Argument to prevent them from being evicted?
In the case of McDonald v McDonald & Anor  EWCA Civ 1049, Ms McDonald appealed to the Court Of Appeal on the grounds that the making of a possession order was an unlawful interference with the right to respect for her home under Article 8 of the European Convention on Human Rights and that the receivers had no power to serve a Section 21 Notice.
The Court found that the making of a possession order would have been proportionate and that settling into a new home could be achieved with appropriate treatment. Therefore the mortgage company was entitled to its Order for possession by serving a Section 21 Notice and progressing a Claim for possession.
Mrs McDonald’s case was therefore dismissed by the Court Of Appeal.
However, that’s not the end of this matter. The Supreme Court (the highest Court in England and Wales) has taken an interest in this case and on 15th and 16th of March of 2016 will hear an appeal by Mrs McDonald as to whether it is open to a court, hearing an application by a private landlord under s.21 Housing Act 1988, for a Possession Order against an assured short hold tenant, to consider whether such an order would infringe the tenant’s rights to a Private and Family Life.
Kearns Solicitors will monitor the progress of the decision from the Supreme Court and advise of any key points which will impact upon Landlords.