Veale Wasbrough Vizards

UK 200 2013 position: 98

Possession orders and Article 8 — a right to remember

By David Bird

A few recent cases have thrown the spotlight onto a sometimes forgotten factor in possession proceedings.

Under the European Convention of Human Rights 1950, public authorities are prohibited from interfering with an individual’s Article 8 rights. These consist of the right to respect for their private and family life, home and correspondence.

The article does limit this, stating that interference by public authorities is permitted in certain circumstances. However, Article 8 is available to tenants, and public authorities should bear this in mind when enforcing possession proceedings…

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