Landlord And Tenant: No proportionality for possession orders

Clarke Willmott LLP | Property Law Journal | October 2016 #345
It is now clear that tenants of private landlords cannot rely on human rights to prevent eviction. Kary Withers reports ‘Residential occupiers in the private sector are unable to defend a possession claim by relying on the proportionality test laid down in s6 of the Human Rights Act 1998 and Art 8 of the European …

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Opinion: The law of unintended consequences

Clarke Willmott LLP | Property Law Journal | July/August 2016 #343
Jonathan Hulley outlines the implications of the proposed Bill of Rights for social landlords ‘The fundamental difficulty with the current plan is that nobody knows which of the rights in the Human Rights Act – derived from the European Convention on Human Rights – would be lost in the changes.’Plans announced in the Queen’s Speech …

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