A look of bewilderment is the common response I get when I explain that I specialise in human rights law as it applies to housing issues. So how can human rights be linked to housing law? Access to suitable housing has a huge impact on health and wellbeing and it was recognised in the United Nations covenant on economic, social and cultural rights.

In the Human Rights Act, there are four relevant articles. Article 1 is the right to peaceful enjoyment of private property, Article 6 contains the right to a fair trial, Article 8 is the right to respect private and family life and Article 14 bars discrimination.

There are limitations. There is no enforceable right to a home in the Human Rights Act. Article 8 concerns the right to respect for an existing home. It only applies to decisions made by a body with a public function. This used to mean the government and councils but has been expanded to housing associations.

The Anti Discrimination Protection has been successfully used on behalf of a gay couple who wished to be treated in the same way as a heterosexual couple over a council tenancy.

Local authorities or housing associations must show that decisions to evict tenants are necessary. This does not prevent landlords taking proportionate action if tenants do not pay their rent. However a court must consider the proportionality of a decision to evict. Are there other alternatives? Has mediation been attempted? Have warning letters been sent?

I recently had a case where a family were granted an introductory tenancy to a house in an area of Oxford where there was no other social housing. Neighbours complained that the children were playing ball on the street and despite warnings had failed to stop. Eviction proceedings started and on the face of it as an introductory tenancy there was no defence. A successful challenge on human rights grounds was made. The procedure was not fair and not proportionate.

Article 8 is also interpreted to mean that a person has a right to peaceful and undisturbed enjoyment of their home. That covers not only a situation where a person has been deprived of their home but also where eviction is threatened, occupants are subjected to harassment and situations where the health and safety of the occupants is at risk.

It may have application to cases involving anti-social behaviour. In one case, the housing association failed to apply its own procedures for dealing with anti-social behaviour and instead offered to re-house the victim. The Court of Appeal held the association had not discharged its duty to reasonable measures to secure the victim’s rights and that failing to commence proceedings against the perpetrator of the nuisance was in breach of Article 8.

Human rights challenges to decisions of elected bodies raise issues about democracy. Witness the furore over the extradition of Abu Hamza.

Last week the Court of Appeal rejected an Article 14 challenge to the bedroom tax.

The Human Rights Act reflects the idea that all of us enjoy the same rights and have equal access to them. Human rights are about treating people with dignity. We can all agree with that.