More results...

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Filter by Categories
Allocation
ASB
Assured Shorthold tenancy
assured-tenancy
Benefits and care
Deposits
Disrepair
Homeless
Housing Conditions
Housing law - All
Introductory and Demoted tenancies
Leasehold and shared ownership
Licences and occupiers
Mortgage possession
Nuisance
Possession
Regulation and planning
right-to-buy
secure-tenancy
Succession
Trusts and Estoppel
Unlawful eviction and harassment

I think someone has got a little confused

19/12/2012

According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and a solicitor who some might think should really know better) is quoted as saying:

“If Europe decides that respect for the home provisions within the Human Rights Convention apply to private landlords this will lead to a mass exodus of landlords, causing untold misery for those in desperate need of a place to live.”

There are a few problems with that statement, but perhaps the most immediate one is that the case the RLA appear to be on about is not actually in front of the ECtHR at all. It is, in fact, in front of the entirely UK based Court of Appeal, Malik v Persons Unknown, (the Heathrow trespass case – our earlier report) in Mid January 2013. Somehow this appears in the article as the ‘ECHR’s court of appeal’…

This isn’t the first time the RLA has wholly inaccurately got its knickers in a twist about Art 8 cases. One might have thought they would have learnt to check before fulminating about ‘Europe deciding’.

Oh, was that a wolf?

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

1 Comment

  1. simplywondered

    i realise it’s not entirely on point (my excuse being that i seem unaccountably never to have heard of ‘the ECHR’s court of appeal’) but i never understand what is going to happen to all those residential properties whenever the latest outrage is predicted to force landlords out of the game. i presume they will be so unable to make an income from them they will simply have them demolished. and all because of communism and the echr. not to mention bad people like the nl team. tsk.

    Reply

Leave a Reply (We can't offer advice on individual issues)

This site uses Akismet to reduce spam. Learn how your comment data is processed.