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09. Housing/Homelessness
Obligation to consider alternatives to eviction into homelessness Occupiers of Portion R25 of the Farm Mooiplaats 355 JR v Golden Thread Limited and Others (CCT 25/11) [2011] ZACC 35 (7 December 2011) Summary In this case, if evicted, approximately 170 families would be made homeless. The South African Constitutional Court unanimously held that, before making [...]
City has constitutional obligation to provide emergency accommodation to vulnerable persons evicted by private landlord City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (Lawyers for Human Rights as Amicus Curiae) Case No: CCT 37/11 [2011] ZACC 33 (1 December 2011) Summary The South African Constitutional Court has held that [...]
Economic and social rights are fundamental, justiciable and enforceable Osman v Minister of State for Provincial Administration & Internal Security and Ors eKLR [2011] (16 November 2011) Summary The High Court of Kenya has held that the forced eviction of 1,122 people was a violation of the right to adequate housing enshrined in the Kenyan [...]
United Kingdom justified in differentiating between social housing applicants based on conditional immigration status Bah v United Kingdom [2011] ECHR 1448 (27 September 2011) Summary The European Court of Human Rights has held that a person’s immigration status is a relevant ground of discrimination under Article 14 of the European Convention of Human Rights. However, [...]
VCAT did not have human rights jurisdiction in public housing matter: Court of Appeal strikes “collateral” blow to Victorian Charter Director of Housing v Sudi [2011] VSCA 266 (6 September 2011) Summary The Victorian Court of Appeal has decided that VCAT, in an application for a possession order under the Residential Tenancies Act 1997, did [...]
Does the State have a positive obligation to provide housing? TG, R (on the application of) v London Borough of Lambeth [2011] EWCA Civ 526 (6 May 2011) Summary The UK Court of Appeal has considered whether a failure to provide housing and other supports to a vulnerable young person breaches their positive obligation to [...]
Courts Should Consider the Proportionality of Evictions from Public Housing – The Sequel to Pinnock Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8 (23 February 2011) In Manchester City Council v Pinnock [2010] UKSC 45 (Pinnock) the UK Supreme Court held that a person [...]
Evictions and Human Rights Giotopoulos v Director of Housing [2011] VSC 20 (7 February 2011) Summary The Supreme Court refused leave to appeal a decision of the Victorian Civil and Administrative Tribunal (the Tribunal) dismissing an application under section 232 of the Residential Tenancies Act 1997 (the ‘Act’) for the creation of a tenancy. Section [...]
Director of Housing v KJ (Residential Tenancies) [2010] VCAT 2026 (16 December 2010) A recent VCAT decision found that the Director of Housing (‘Director’) acted in accordance with its duties as a public authority pursuant to s 38(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in serving the respondent with a [...]
Director of Housing Considers Rights of Vulnerable Tenants Director of Housing v TK [2010] VCAT 1839 (16 November 2010) A recent VCAT decision has shown that public housing authorities are developing a more thoughtful and engaged model of decision making that gives proper consideration to the human rights of vulnerable tenants. Facts The Director of Housing [...]
The Relationship between the Victorian Charter and Confiscation of Property DPP v Ali & Anor (No 2) [2010] VSC 503 (10 November 2010) The Supreme Court of Victoria (Hargrave J) recently considered the operation of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in relation to an application to forfeit a family home [...]
Courts Should Consider the Reasonableness and Proportionality of Evictions from Public Housing Manchester City Council v Pinnock [2010] UKSC 45 (3 November 2010) In this decision the UK Supreme Court was required to decide whether art 8 of the European Convention on Human Rights requires a court to consider the reasonableness and proportionality of applications for [...]
When will Eviction from Social Housing Breach Human Rights? Canberra Fathers and Children Services Inc v Michael Watson [2010] ACAT 74 (29 October 2010) The ACT Civil and Administrative Tribunal has found that an eviction from social housing that would result in homelessness is a breach of the right to be free from unlawful or [...]
European Court Considers Rights to Privacy and the Home and Procedural Safeguards against Eviction Kay & Ors v United Kingdom [2010] ECHR 1322 (21 September 2010) This decision concerned the right to respect for home under art 8 of the European Convention of Human Rights. The European Court of Human Rights decided that the decision [...]
Tribunal has Jurisdiction to Determine whether Public Authority has Acted Compatibly with Human Rights Director of Housing v TK [2010] VCAT Application 2010/11921 (Unreported, 22 July 2010) VCAT Deputy President Lambrick has held that the Tribunal has jurisdiction to determine whether an application made pursuant to ss 250 and 330(1) of the Residential Tenancies Act [...]
Application of Charter to Guardianship and Administration PJB (Guardianship) [2010] VCAT 643 (17 May 2010) Justice Billings in the Victorian Civil and Administrative Tribunal has held that the appointment of an administrator to the estate of a represented person, PJB, was a justifiable restriction on PJB’s right to freedom of movement and right to privacy. [...]
What does Proper Consideration of Human Rights Entail? Director of Housing v Turcan [2010] VCAT Ref No R201011922 (Unpublished, 4 May 2010) The Victorian Civil and Administrative Tribunal has considered the meaning of ‘arbitrary’ and ‘unlawful’ in the context of s 13(a) of the Charter of Human Rights and Responsibilities Act 2006, as well as [...]
Obligation of Public Authorities to Provide Accommodation and Support to Destitute Family Birmingham City Council v Clue [2010] EWCA Civ 460 (29 April 2010) In this case, the England and Wales Court of Appeal held that the Birmingham City Council’s refusal to provide financial assistance and accommodation to a family while their immigration application was [...]
Eviction from Public Housing without Adequate Justification a Breach of Human Rights Justice Bell, sitting as President of the Victorian Civil and Administrative Tribunal, has held that the Director of Housing acted unlawfully under s 38(1) of the Charter in seeking, without adequate justification, to evict a refugee family from social housing in breach of [...]
Possession Orders and the Right to Privacy and the Home Salford City Council v Mullen [2010] EWCA Civ 336 (30 March 2010) In this case, the England and Wales Court of Appeal considered the impact of House of Lords decisions on the rights of tenants occupying premises under ‘introductory’ or ‘homeless’ accommodation legislation. In considering [...]
Same-Sex Relationships: Right to Non-Discrimination and Succession to Public Tenancy Kozak v Poland [2010] ECHR 280 (2 March 2010) The European Court of Human Rights has held that Poland violated arts 8 and 14 of the European Convention on Human Rights by denying a man living in a homosexual relationship the right to succeed to [...]
Does the Creation of a Tenancy or the Making of a Possession Order Engage Human Rights? Heywood v Director of Housing [2010] R2009/36396 (4 January 2010) In this case, the Victorian Civil and Administrative Tribunal considered the application of provisions of the Residential Tenancies Act 1997 (Vic) which provide for the creation of a tenancy [...]
Freedom from Discrimination against Same-Sex Couples in Provision of Housing Rodriguez v Minister of Housing & Anor (Gibraltar) [2009] UKPC 52 (14 December 2009) The Privy Council has held that a Gibraltar Housing Allocation Committee policy to effectively grant government housing joint tenancies only to heterosexual couples was indirectly discriminatory and unconstitutional. Facts The Gibraltar [...]
Homelessness and the Right to Life, Liberty and Security Victoria (City) v Adams, 2009 BCCA 563 (9 December 2009) The British Columbia Court of Appeal has held that a city bylaw which prohibited homeless people from erecting any form of temporary shelter at night in a public park, in circumstances where the number of homeless [...]
The Prohibition of Ill-Treatment and Prevention of Destitution in a Third State EW, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2957 (Admin) (18 November 2009) In this case, the England and Wales High Court held that the extradition of an asylum seeker to a safe third country [...]
The Meaning of ‘Public Authority’ and the Application of the Charter to Non-Government Bodies Metro West v Sudi [2009] VCAT 2025 (9 October 2009) The Victorian Civil and Administrative Tribunal has held that a non-profit housing agency is a ‘public authority’ under section 4(c) of the Victorian Charter of Human Rights and Responsibilities Act 2006 [...]
The Right to Water: South African Court Considers Justiciability of Socio-Economic Rights and the Roles of Courts and Parliaments Mazibuko v City of Johanesburg [2009] ZACC 29 (8 October 2009) The decision of the Constitutional Court of South Africa in Mazibuko v City of Johannesburg [2009] ZACC 28 is the first to consider the right [...]
The Disability Act and the Right to Housing Conroy v Yooralla Society of Victoria [2009] VCAT 1873 (7 September 2009) The Applicant, Mr Conroy had a physical disability and had lived in a community residential unit operated by the Respondent (Yooralla Society of Victoria) for 12 years before receiving two notices to vacate under the [...]
Right to Privacy and Unlawfulness of Eviction into Homelessness Homeground Services v Mohamed (Residential Tenancies) [2009] VCAT 1131 (6 July 2009) The Victorian Civil and Administrative Tribunal (‘VCAT’) has held that a non-profit welfare agency acted unlawfully pursuant to s 38(1) of the Victorian Charter in seeking to evict a young tenant from transitional housing [...]
Supreme Court holds that the ‘Interests’ of Mortgagors include their Right to Protection from Arbitrary Interference with the Home Nolan v MBF Investments Pty Ltd [2009] VSC 244 (18 June 2009) The Supreme Court of Victoria recently confirmed that fundamental human rights, both in international law and the Victorian Charter, are relevant interests that must [...]
Evictions Must be Just, Equitable and Reasonable Residents of Joe Slovo Community v Thubelisha Homes & Ors [2009] ZACC 16 (10 June 2009) The South African Constitutional Court has upheld a High Court decision to grant an application to evict approximately 20,000 residents of the informal settlement known as the Joe Slovo settlement. The eviction [...]
Right to Privacy and Tenancy Rights Vojnovic v Croatia, UN Doc CCPR/C/95/D/1510/2006 (28 April 2009) The Human Rights Committee held that a lawful termination of tenancy rights under Croatian law amounted to an arbitrary interference with the right to home and violated art 17 of the International Covenant on Civil and Political Rights. The termination [...]
Stay of Eviction into Homelessness Required to Prevent Violation of Human Dignity and Rights Machele and 67 Others v William Marofane Mailula and Others [2009] ZACC 7 (26 March 2009) The Constitutional Court of South Africa held that eviction will ‘always’ be a constitutional matter. The court further held an interim execution order for eviction [...]
South African Constitutional Court Considers the Right to Sufficient Water and a Dignified Life City of Johannesburg and Others v Mazibuko and Others (489/08) [2009] ZASCA 20 (25 March 2009) In this case, the Supreme Court of South Africa considered whether a local authority had a duty under the South African Constitution to provide free [...]
The Residential Tenancies List of the Victorian Civil and Administrative Tribunal rejected submissions that making a compliance order against a tenant would be contrary to the Charter. Member Nihill considered that the proceedings did engage the s 13 Charter ‘privacy’ right however considered the compliance procedure to be a reasonable limitation under s 7 of [...]
The Supreme Court of British Colombia in Canada has made declarations that certain by-laws, enacted by the City of Victoria, violated s 7 of the Canadian Charter of Rights and Freedoms as they deprived homeless people of their right to life, liberty and security. The effect of this declaration was that those by-laws are of [...]
The Social Security Contributions and Benefits Act 1992 (UK) provides for a ‘disability premium’ for people receiving welfare payments, except where the person is ‘without accommodation’. In this case the House of Lords decided that discrimination in the distribution of welfare payments can be justified under the European Convention on Human Rights. Detailed case note.
The UK House of Lords has considered the procedural safeguards against eviction established by the right to respect for privacy and the home under art 8 of the European Convention on Human Rights. Detailed caes note.
In this case, VCAT considered that the rights to privacy and family, and to protection of children and the family unit, were relevant to determining whether an application for an order of possession by the Director of Housing should be granted as against a single mother of four children. Detailed case note.
The European Court of Human Rights has found that the United Kingdom violated art 8 of the European Convention on Human Rights by failing to provide adequate procedural safeguards to protect the right to respect of a person’s home in the context of public housing. Detailed case note.
In a landmark judgment of the South African Constitutional Court, the Court’s key message was that human beings must be treated as such. The judgment affirms the basic principle that where people face homelessness due to an eviction, public authorities should engage seriously and in good faith with the affected occupiers with a view to [...]
The European Court of Human Rights has held that the eviction of a woman from public housing in circumstances where the public authority had not ensured that she had adequate alternative housing constituted a violation of the right to respect for private life and the home. Detailed case note.
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