Assured Tenancies and Human Rights

Poplar Housing and Regeneration Community Association Ltd v Donoghue (CA LSG 11 May p38)

The defendant had been granted a periodical tenancy by Tower Hamlets LBC who later decided that she was intentionally homeless and her property was subsequently transferred to the claimant, a registered social landlord specifically created by the council. The claimant alleged that s21(4) of the Housing Act 1988 stating in mandatory terms that if the court was satisfied with certain conditions, it “shall make an order for possession of a dwelling house let on an assured shorthold tenancy, which is a periodic tenancy” contravened her human rights in respect for her private and family life under article 8 of the Convention and her right to a fair trial under article 6. The judge held that to read s21(4) in such a way would, in effect, enable people who were intentionally homeless to jump the housing queue, which would, accordingly, impede the human rights of others. He made an order for possession against which the defendant appealed.