Housing nuisance cases invoke Human Rights Act

Four families are to be evicted from their homes for causing nuisance to neighbours, and one curfew order imposed on a minor, following one of the first housing nuisances cases to invoke the Human Rights Act 1998.Birmingham-based housing law firm Anthony Collins acted for Castle Vale Housing Action Trust in north-east Birmingham in bringing actions for possession against seven families.

The cases were based on persistent breach of tenancy agreements, and nuisance and annoyance to neighbours, caused almost entirely by the tenants children.Mr Recorder Cleary sitting in Birmingham County Court found that Article 8 of the Act (the right to privacy and family life) was not breached by the landlords alleged failure to fulfil all of its policy document duties.He said it was perverse for a family causing the antisocial behaviour to claim the protection of the Act.Of the seven cases, only five went to trial as two families had already vacated their properties voluntarily.

Outright possession orders were made in four cases; the fifth was suspended, based on a 12-month curfew of a teenager between 6pm and 7am except when in the company of an adult relative.

The trial lasted four weeks.Helen Tucker of Anthony Collins said: Since the enactment of the Human Rights Act in October 2000, some defence counsel have argued that actions for possession breach the rights enshrined therein.

This judgment shows that these actions are not in breach of the Act even when the tenant has not personally caused any antisocial behaviour.On a separate Human Rights Act point, the court admitted hearsay evidence, saying it was not precluded by the Act and that the judge would consider its weight in the usual way in accordance with Article 6 (the right to a fair trial).Neil Rose