In the recent case of Ismail and another v Genesis Housing Association [2012] EWHC (QB) the High Court decided that a defence based upon “human rights” would not assist affordable housing tenants in defending a claim based upon Section 21 of the Housing Act 1988.
The case concerned affordable housing tenants who were at the end of the tenancy’s fixed period, they were also in rent arrears. Following the service of a s.21 notice and the issuing of an application for possession the court at first instance ordered for the tenants to give possession of the property to the landlord.
The tenants appealed against the decision and made an application for judicial review of the first instance judge’s decision based upon the possession order breaching the tenant’s human rights. The tenants claimed the landlord housing association was a public authority and so their decision to evict them should be reviewed by the body who reviews public decisions, namely the judiciary. The judicial review was based upon Article 8 of the Human Rights Act.
Permission for judicial review was refused, as was permission to appeal against the decision of the first instance judge. However it is very much suspected that the failed applications to appeal and for judicial review delayed possession being obtained by the landlord.
The sometimes conflict between human rights and the law can prejudice the party to whom the defence is raised against. At Benchmark Solicitors we aim to ensure that legal proceedings are carefully considered prior to them being issued and undertaken in an expedient manner in order to reduce the possibility for unmeritorious defences to unreasonably delay matters. Please visit out tenant evictions page to find more details on this type of work.