High court judge rejects poorly drafted regulations
Language: English Series: Estate Agent ; April 2005, 9(1)Publication details: 2005Subject(s): Online resources: Summary: Reports on the judicial review held in the HC in respect of the compatibility of the European Convention of Human Rights with (1) the Housing (Northern Ireland) Order 1992 Art 75 G (as effected by Art 144) and the Housing (Northern Ireland) Order 2003 Sched 3 and (2) the statutory registration scheme for houses in multiple occupation (HMOs) made under the Housing (Northern Ireland) Order 2003. The judgment - significant if similar legislation is proposed in the rest of the UK - sets out government obligations when setting regulations, particularly when they are supported by criminal sanctions. Furthermore regulations need to be sufficiently clear that any reasonable landlord can fully understand the consequences of any breach of the regulations that he is responsible for. Landlords are also released from any third party duties to control tenants' anti-social behaviour and any special provisions placed on landlords in respect of HMOs must be proportionate and fair. The review makes clear that Art 1 Protocol 1 of the Convention applies equally in the rest of the UK.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Journal article | London Journal article | L129321 (Browse shelf(Opens below)) | 1 | Available | 129321-1001 |
Reports on the judicial review held in the HC in respect of the compatibility of the European Convention of Human Rights with (1) the Housing (Northern Ireland) Order 1992 Art 75 G (as effected by Art 144) and the Housing (Northern Ireland) Order 2003 Sched 3 and (2) the statutory registration scheme for houses in multiple occupation (HMOs) made under the Housing (Northern Ireland) Order 2003. The judgment - significant if similar legislation is proposed in the rest of the UK - sets out government obligations when setting regulations, particularly when they are supported by criminal sanctions. Furthermore regulations need to be sufficiently clear that any reasonable landlord can fully understand the consequences of any breach of the regulations that he is responsible for. Landlords are also released from any third party duties to control tenants' anti-social behaviour and any special provisions placed on landlords in respect of HMOs must be proportionate and fair. The review makes clear that Art 1 Protocol 1 of the Convention applies equally in the rest of the UK.