This page is targeted at housing professionals. Our main site is at www.shelter.org.uk

Overview

This content applies to England

General rights of Gypsies and Travellers, especially under Article 8 of the ECHR.

There have been several cases that have sought to challenge potential breaches of Travellers' human rights under the European Convention on Human Rights and the Human Rights Act 1998. For more information see the page on Possession.

The Supreme Court considered that in most cases where there is an entitlement to possession under domestic law, there will be a very strong case for saying the order would be proportionate, as such the tenant will need to set out why there are compelling factors which render it disproportionate for the court to order possession.[1]

Article 8 of the European Convention on Human Rights

Article 8(1) of the European Convention on Human Rights provides that everyone has the right to respect for his private and family life, his home and correspondence. Article 8(2) provides that there will be no interference by a public authority with the exercise of that right except as is in accordance with the law and is necessary in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedom of others.

Wales

The information on this page applies only to England. Go to Shelter Cymru for information relating to Wales.

[1] Manchester CC v Pinnock [2010] UKSC 45; Doncaster MBC v AC and others [2013] EWHC 45 (QBD).

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