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Discrimination & Housing Rights

Human Rights

Jayesh Kunwardia
Jayesh Kunwardia
Partner
Bahareh Amani
Bahareh Amani
Partner
Daniel Fitzpatrick
Daniel Fitzpatrick
Partner
Farzana Chowdhury
Farzana Chowdhury
Partner
Sophie Bell
Sophie Bell
Partner
Edward Sharp
Edward Sharp
Senior Associate
Sioned Wyn Roberts
Sioned Wyn Roberts
Senior Associate
Suzanne Bird
Suzanne Bird
Associate
Aneela Samrai
Aneela Samrai
Solicitor
Hannah Britz
Hannah Britz
Solicitor
Hayley Jack
Hayley Jack
Solicitor
Imran Sarfraz
Imran Sarfraz
Solicitor
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Nivashinie Sivalokanathan
Solicitor
Patricia Lobo Del Castillo
Patricia Lobo Del Castillo
Solicitor
Simon Foxcroft
Simon Foxcroft
Solicitor
Robyn Brett
Robyn Brett
Trainee
Ellen Biney
Ellen Biney
Trainee
Abdurrahman Sufi
Abdurrahman Sufi
Paralegal
Declan Storrar
Declan Storrar
Paralegal
Jacob Bartholomew-Smith
Jacob Bartholomew-Smith
Paralegal
Liselle Archer
Liselle Archer
Paralegal
Oliver Edwards
Oliver Edwards
Paralegal
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Talisa Pham
Paralegal
Tess Baker
Tess Baker
Paralegal
Wesley Agyeman
Wesley Agyeman
Paralegal
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Zafirah Rahman
Paralegal

Human rights are the basic rights and freedoms that belong to everyone. In the UK they’re covered by the Human Rights Act (HRA). This includes being treated fairly and with dignity and respect.

These fundamental rights extend to your home and housing situation. Therefore, if you feel decisions made by your council or housing association breach your human rights, our specialist team can help you find the justice you deserve.

Hodge Jones & Allen_Chambers UK 2023

Legal 500 UK - Top Tier Firm-2023

Challenging local authority decisions

If your council or housing association makes a decision that you believe to potentially breach your human rights, we can help you challenge that decision and to get justice for you. 

Some of the most common reasons for challenging local authority decisions include if:

  • The council states that you do not meet their set criteria for longer-term housing.
  • You are referred to a different council under local connection rules.
  • An offer of temporary and longer-term housing is unsuitable. 

You can’t challenge unsuitable emergency accommodation. 

If you decide to challenge any council or local authority decisions, they will have to send you a letter explaining:

  • Why they think the offer is suitable.
  • What will happen if you accept or refuse.
  • If it’s a final offer. 

We can then advise you on the appropriate next steps and help you to reach a more positive outcome.

"I WOULD LIKE TO THANK YOU ONCE AGAIN FOR HELPING ME THROUGH THIS CRUCIAL TIME IN MY LIFE. I AM VERY THANKFUL FOR YOUR DEDICATED AND SINCERE ADVISE TO MY CASE."

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The Human Rights Act and housing

The Human Rights Act (HRA) covers several basic human rights that every person in the UK is entitled to. Those that relate closest to housing are the right to:

  • Respect for private life, family life and home. 
  • A fair trial. 
  • Prohibition of discrimination. 

If your local council or housing association makes a decision that you think breaches these rights, we will work closely with you to hold the organisation responsible accountable. 

Terms of tenancy

The HRA doesn’t set a level of housing or level of rent that’s acceptable. However, the terms of your tenancy should refer to the property as your ‘home’ meaning you are entitled to enjoy the respect and privacy in your home in line with the HRA. As such, you may have a claim if you feel your housing association or landlord has infringed on your right to privacy or harassed you. 

Aids and adaptations

In line with being able to enjoy respect for your home and private life, you should be allowed to make adjustments or include any aids that make living in your home more manageable if you have a disability or mobility issue.

Housing conditions

While landlords, councils and associations must act in line with regular, statutory and contractual agreements, there is no specific human right to a home of a certain quality. But courts recognise some situations are, or can become, so bad they affect the tenants’ health and wellbeing. As a result, these situations might breach your human rights, such as the right to freedom from inhumane or degrading treatment. 

Environmental impact

When making decisions on housing, councils and local housing authorities must ensure that:

  • Their decisions do not negatively or unjustly impact the enjoyment of your home.
  • They take reasonable steps to protect occupiers from adverse environmental difficulties. 

If you find your property doesn’t meet these criteria and your council or housing supplier hasn’t responded to your issues, contact our team.

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Why choose Hodge Jones & Allen?

We are one of only three firms in the UK to be listed as a Tier One firm for this area of law in the Legal 500 guide. We are also independently ranked as a Band One firm for housing law by Chambers & Partners UK.

Our specialist team of housing solicitors are passionate and driven by achieving the best result for all our clients. We’ll support you with the help and advice you need while working on your behalf to get the justice you deserve. 

We have an excellent track record for successfully challenging authorities and resolving claims quickly, with vast experience dealing with a range of housing claims. 

Hodge Jones & Allen_Chambers UK 2023 Legal 500 UK - Top Tier Firm-2023

“Our Housing team has been ranked in Band 1 in the Chambers & Partners 2023 legal directory. The team was described as “progressive and robust in defending the rights of vulnerable tenants and homeless applicants.” – Chambers UK, 2023

“Hodge Jones & Allen is an industry leader in social housing law. The firm provides an exceptional service for all of its clients in disrepair, possession and homelessness. The firm has a reputation for providing an exceptional level of service and advancement of the law in very high profile cases in the Court of Appeal and Supreme court.” Legal 500, 2023

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"They are hard-working, take action immediately and work on best outcome for the client." Chambers UK, 2021