Benefits-claiming migrant exploits human rights loophole to halt eviction from British retirement home

After being made homeless in July, the 59-year-old moved in to David Smith Court in Reading.

Mr Haque, who is on benefits and disabled, had his family join him in the property on December 20 after he successfully applied for them to move to Britain.

The owners of the home began proceedings to evict the 59-year-old and his family after receiving multiple complaints about "excess noise levels and anti-social behaviour".

However, Mr Haque's lawyers claimed that eviction would breach his civil liberties under Article 8 of the European Convention on Human Rights (ECHR), which upholds the right to a family life.

Reading Councillor Raj Singh told GB News that the lawyers' human rights claim was "bonkers".

Cllr Isobel Ballsdon also lambasted the "outrageous" situation.

The Conservative councillor told the Daily Mail: "It seems this person is gaming the system.

"Accommodation for people who are retired is not going to be suitable for children.

"It's also a question of fairness - we have veterans who are homeless."

Southern Housing's solicitor Taiwo Temilade revealed the one-bedroom flat costs Mr Haque £110.70 per week to rent and is specifically reserved to be lived in by those aged 55 and above.

In a claims form, Mr Temilade wrote: "The Defendant's two young children who reside with him have become a source of excess noise levels and anti-social behaviour, negatively affecting other residents within the estate through misuse of safety features (emergency pullcord) and generally rambunctious behaviour."

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After officers from Southern Housing met with the 59-year-old tenant and informed him of the tenancy agreement breach, the housing provider took him to county court to seek possession of the flat.

Isabel Bertschinger, defending Mr Haque, argued: "It is averred that the Terms and Conditions of the tenancy agreement were never explained to the Defendant via a Sylheti interpreter or translated into Sylheti in a written document such that the Defendant could understand them."

The lawyer also noted that the 59-year-old was disabled and claimed benefits following his diagnoses of depression, diabetes and obstructive sleep apnoea.

Ms Bertschinger said: "Disabled tenants are more likely to struggle to manage anti-social behaviour by others who live or visit their home.

"The Claimant's decisions to institute, pursue continue to seek possession of the property are incompatible with the Defendant's rights under Article 8 of the European Convention of Human Rights and possession would constitute a disproportionate interference therewith.

"He is disabled and has limited English language skills, and that he is in receipt of benefits and therefore has a low income.

"His wife and children have only recently arrived in the UK and would be particularly vulnerable if made homeless.

"To evict him from his home would have a serious and drastic impact on the Defendant's health and wellbeing and therefore on his private life, and to prevent him from living with his wife and children would have a severe and disproportionate impact on his family life."

Judge Simon Lindsey denied Southern Housing's possession order, saying: "Fundamentally, I think the defendant probably should not be in this property with his wife and two children, but the question of how he came to be in this place appears to be unresolved and we have to get to that another time."

The case is scheduled to be heard at Reading County Court on January 6.