United Kingdom: No-fault evictions violate human rights

 

In United Kingdom a recent report by campaign groups Just Fair and Generation Rent shows that a system that allows landlords to evict tenants without reason breaches international law. Yet this is permitted under Section 21 of the UK Housing Act 1988

According to the government’s English Housing Survey, the private rental sector has the highest proportion – 38% – of homes with at least one indicator of poor housing such as mould or damp. More than one quarter (27%) of privately rented homes fail the decent home standard, compared to 20% in the case of owner-occupied homes and 13% in the social housing sector.

Many tenants have good reasons to complain about the state of their flat. But English law does not currently require all landlords to maintain a property in a standard that is fit for habitation. The Landlord and Tenant Act 1985 imposes obligations to repair on landlords but only if there is “disrepair” – damp, mould or asbestos not causing structural damage are not covered.

In this context, tenants are at risk of eviction if they take legal action because Section 21 of the Housing Act 1988 permits landlords to evict tenants with no fault and without giving a reason.

Section 21 is incompatible with the principle of security of tenure and the proportionality assessment in eviction procedures. The report also shows that other jurisdictions show that the requirement of proportionality is perfectly compatible with respecting the right to private property. 

 

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