- Free Legal Information
- Factsheet
- Details
Human Rights Act 1998 and your home
The Human Rights Act came into force on 2nd October 2000 and incorporates into UK law certain rights and freedoms set out in the European Convention on Human Rights.
The following Articles will probably have the greatest impact in this area of law:
- Article 1 of the first protocol, (peaceful enjoyment of possession and general protection of property rights)
- Article 6, (right to fair trial)
- Article 8, (protection of family life and home)
Possible challenges may occur in the area of landlords self help remedies, such as the right of distress where landlords can seize goods on premises in lieu of rent owed on those premises without getting a court order, the right of forfeiture whereby the landlord can re-enter the premises without issuing proceedings where rent is owed or even re-entry to a tenant's premises to carry out repairs. Also the law of adverse possession which allows a squatter to acquire legal ownership after 12 years.
The difficulty is that many of these self-help remedies are contractual, (rights given in the lease) and interference in such remedies may not be justified if the domestic courts consider them to be fair, necessary and proportionate.
Follow CompactLaw for free housing law updates, documents & offers
Tenancy Agreements - what should be included in a tenancy agreement ?
- Accident Claims
- Adoption Law
- Children
- Consumer Law
- Employment Law
- Injunctions
- Public Funding
- Private Housing
- Public Housing
- Relationships & Family Law
- Small Claims Court
Articles
- Assured Shorthold - Definition
- Assured Shorthold - Possession
- Accelerated Possession Procedure
- Warrants of Execution
- Defending Possession Proceedings
- Trespassers
- Tenancies before 15th January 1989
- Housing Benefit Tenants
- Property Disrepair
- Mortgages and Repossession
- Introduction
- Alternatives to a Possession Order
- Property Foreclosure
- Housing Loans (other than mortgages)
- Raising money for mortgage arrears
- Tenants of Mortgaged Homes
- Consenting to a charge on your property under pressure
- Bankruptcy & your home
- Human Rights Act 1998 & your home

Press comments