Overview
- Southern Housing is seeking possession after neighbour complaints about excess noise and misuse of emergency pull cords following the arrival of the tenant’s wife and three-year-old twins last December.
- Lawyers for 59-year-old Shahidul Haque argue eviction would disproportionately interfere with his right to family life under Article 8 and say tenancy terms were not explained or translated into Sylheti.
- The defence cites Haque’s limited English and disabilities, including diabetes, obstructive sleep apnoea, hypertension and depression, as factors the court should weigh in the proportionality test.
- At an August 4 hearing, Deputy District Judge Simon Lindsey declined to order immediate possession, noting unresolved issues and observing the flat is likely unsuitable for a family.
- Court documents note the children are British citizens and the wife holds a spousal visa, while local councillors have condemned the situation and the Attorney General has flagged wider concerns about Article 8 interpretation.