The Supreme Court has found that a provision of the Housing Acts under which a local authority could secure a court order for possession of a council house without an independent inquiry is incompatible with article 8 of the European Convention of Human Rights.
The five-judge court yesterday unanimously agreed with the High Court that section 62 of the Housing Act 1966, as amended, is incompatible with article 8 because it allows a possession order be made without any court or independent inquiry into the reasons why when there is a genuine dispute about those.