A Tanzanian who is facing deportation has failed in a tenancy succession dispute in which he sought to block a local authority’s moves to take possession of the home of his late parents.
Umedali Gangera, who entered the UK as a visitor in 1989, and remained, without permission, in his parents’ council home in Heston, Middlesex, faces homelessness while his deportation challenge is being considered. Hounslow London Borough Council are seeking possession of the property on the ground that a person subject to immigration control is not eligible for assistance as a homeless person.
Gangera claimed that, following his parents’ deaths, he was entitled to succeed to their joint weekly secure tenancy. He argued that the rules precluding him from succession infringed the discrimination provisions in Article 14 of the European Convention on Human Rights, when read in conjunction with Article 8. The latter stipulates that everyone is entitled to respect for his or her private and family life, and home.
The claimant also maintained that the council’s actions in seeking possession were disproportionate and irrational, and that his needs had not been assessed under section 21 of the National Assistance Act 1948.
In rejecting the claim, Moses J concluded that the rules of succession did not infringe Articles 8 and 14. He continued: “This conclusion is important when considering the claimant’s further contentions. It demonstrates that, read as a whole, and in the context of the management and the allocation of local authority housing, there is no incompatibility between the secure tenancy scheme and Article 8 of the European Convention on Human Rights.”
With regard to the second claim, the judge held that there was nothing disproportionate or irrational in the council’s decision to institute possession proceedings without reviewing the claimant’s needs other than by an assessment made in June 2002.
R (on the application of Gangera) v Hounslow London Borough Council and another Queen’s Bench Division: Administrative Court (Moses J) 11 April 2003.
Zia Nabi (instructed by Sweetman Burke & Sinker) appeared for the claimant; Matthew Hutchings (instructed by the solicitor to Hounslow London Borough Council) appeared for the first defendants; Jonathan Karas (instructed by the Treasury Solicitor) appeared for the second defendant, the First Secretary of State.
References: PLS News 15/4/03