Equalities and Human Rights Commission hails Strasbourg decision in Kay case

The European Court of Human Rights ruling in LB of Lambeth v Kay could mean social housing tenants are afforded greater protection from eviction under human rights law, the Equalities and Human Rights Commission has claimed.

The Equalities and Human Rights Commission intervened in the case, arguing that where a social landlord has a right to possession of a property, “there is nevertheless an obligation to consider whether an eviction is proportionate to the landlord’s desire to use the property in whatever way they see fit”.

The Commission added that this was particularly the case where tenants may be vulnerable due to mental health problems, physical or learning disabilities, poor health or frailty.

The Strasbourg-based court ruled that the applicants evicted as a result of the House of Lords decision in Kay had their rights violated under Art. 8(1) of the European Convention on Human Rights. The applicants were each awarded £2,000 in compensation.

John Wadham, group director (legal) at the Equalities and Human Rights Commission, said: “This decision does not prevent social landlords from evicting a tenant; what it does mean is that human rights – and the basic human right of respect for one’s home – is considered and balanced in making that decision.”

The Commission acknowledged that with ECHR decisions not directly binding on UK courts, tenants and social landlords would still have to await further decisions of domestic courts on Article 8 defences before the full implications of Strasbourg’s decision becomes clear, or await a change of law from the government.

Further reading: Arden Chambers’ views on the ECHR decision.