Social Welfare Lawyers in the Centre of Birmingham

FJM – v – The United Kingdom, European Court of Human Rights

FJM – v – The United Kingdom, European Court of Human Rights, application number 76202/16 – 6th November 2018

The applicant is a vulnerable adult with psychiatric and behavioural problems. She had lost two public sector tenancies on account of her behaviour. In May 2005 the applicant’s parents purchased a property with the assistance of a mortgage. They then granted the applicant an assured shorthold tenancy of the property and she claimed housing benefit to pay the rent. The parents fell into arrears with the mortgage repayments and, in August 2008, the finance company exercised its powers under the mortgage to appoint receivers. The mortgage arrears persisted and, in January 2012, the receivers served notice on the applicant under Section 21 of the Housing Act 1988 which permitted the Court to make an order for possession of a property let under an assured shorthold tenancy if it was satisfied that the landlord had given the tenant at least 2 months’ notice in writing that possession was required. The applicant sought to resist the possession order on the basis of violation of her rights under Article 8 of the European Convention (the right to respect for private, family life and home). The Supreme Court had previously rejected the possibility of such a defence. The ECtHR also rejected this possibility. The ECtHR concluded:-