Human Rights of Tenant with Mental Health problems. Housing association fails to follow its own policies – eviction avoided

Our client suffered from schizophrenia and had been housed as a vulnerable person. He was informed by his housing association that he was to be evicted. As he had a probationary tenancy his housing association did not have to prove to the Court that he had done anything wrong. The Housing Association told Mr E that he had committed anti-social behaviour, although they would not provide any evidence of the accusations against him despite numerous requests. Within a month the landlord had applied to the courts to evict. We defended the proceedings, based on the fact that his housing association had breached his human rights by failing to apply their own policies and procedures, using eviction as a first, rather than last, resort and failing to engage with him. We settled the case when the housing association agreed to allow him to stay in the property for a further six month probation and to keep him informed of any further allegations against him. He now continues to live at the property and has had no complaints against him upheld in over six months.

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