S.H.T may not be compatible with the H.R.A.

olly300

The Human Rights Act couldn't apply to a private landlord ( no company) and a private tenant. The reason is that the landlord would be able to argue that their human rights are being breached if they cannot get procession of their property for example they could argue that their family has no home and they have a right to live there. If a council puts a tenant in a house owned by a private landlord this would still be the case.

deary65

I did not realize there was legislation forbidding stealing from tesco's. Do you have a link.

rosysparkle

deary65 wrote:

I did not realize there was legislation forbidding stealing from tesco's. Do you have a link.

Are you suggesting that stealing from Tesco is not an offence?

deary65

olly300 wrote:

The Human Rights Act couldn't apply to a private landlord ( no company) and a private tenant. The reason is that the landlord would be able to argue that their human rights are being breached if they cannot get procession of their property for example they could argue that their family has no home and they have a right to live there. If a council puts a tenant in a house owned by a private landlord this would still be the case.

I agree with your contention that the courts have to balance all the probabilities.

It has always been public policy that children are our future and that they should be natured in a secure environment, and a secure home is the best place to achieve this.

However, there are also the commercial interests to take into consideration, notwithstanding the courts should only concern themselves with the law.

The Italian courts when applying this section of the human rights have accepted that it is a human right to stay in a secure family home, however they grant possession but suspend the order until suitable alternative accommodation in the local community is found.

I just wonder how our courts will apply this section of the H.R.A to the legislation.

prudryden

Applying the HRA to private/private lettings is definitely in the realm of possibilities. In the USA, you have to be very careful what questions you ask a potential tenant.

For example: You evidently can not ask a prospective tenant if he has children. What some advisors suggest is that you may ask how many people do you expect to move with you.

deary65

prudryden wrote:

Applying the HRA to private/private lettings is definitely in the realm of possibilities. In the USA, you have to be very careful what questions you ask a potential tenant.

For example: You evidently can not ask a prospective tenant if he has children. What some advisors suggest is that you may ask how many people do you expect to move with you.

Out of interest are you from the U.S.A

real1314

deary65 wrote:

I did not realize there was legislation forbidding stealing from tesco's. Do you have a link.

what are you on about now?

the law neither begins nor ends with "legisaltion". But a "hot shot" like you would know that.



me, I'm just a simple guy walking through this space.

deary65

HRA 1998 has a special constitutional significance. Under s3 it gives an interpretative mandate over all other legislations - to be construed in a way compatible with the Convention rights. In any case, HRA 1998 arouse focus to compliance with Convention rights and subject the entire legal system to a process of review. The judiciary is relieved from UK law of precedents, to call in the rulings of European Court and Commission. It is submitted that this is the real significant impact of HRA 1998 across the entire area.”

deary65

rosysparkle wrote:

Are you suggesting that stealing from Tesco is not an offence?

No, what I am saying is you have the freedom to do so.

rosysparkle

So long as you don't mind being prosecuted for theft, obviously.