Migrant family fights eviction from UK retirement home, citing ECHR right to family life

A 59‑year‑old tenant at a Reading retirement home and his lawyers have told a county court that evicting his wife and two young daughters from the one‑bed flat they moved into would breach his rights under Article 8 of the European Convention on Human Rights, which protects the right to respect for family life.

Shahidul Haque, who moved into David Smith Court in July after being made homeless, told the court he did not realise he was not allowed to house his wife, 28‑year‑old Jakia Sultana Monni, and their twin three‑year‑old daughters in the specialist accommodation reserved for people aged over 55. His family joined him in the UK on December 20 after Haque made an application in October for them to join him.

Southern Housing, which owns the development, began possession proceedings after neighbours complained of "excess noise levels and anti‑social behaviour," according to a claims form filed by the housing association. Taiwo Temilade, a solicitor acting for Southern Housing, wrote that the property is a one‑bed self‑contained flat specifically reserved for over‑55s and that the tenant's children had become a source of disruption, including misuse of safety features and generally "rambunctious behaviour."

In a written defence filed at Reading County Court, Haque's barrister, Isabel Bertschinger, said the terms and conditions of the tenancy were never explained to Haque in Sylheti nor translated into a written document in Sylheti, a language spoken in parts of Bangladesh and India, so he could understand them. The defence also says Haque is disabled and in receipt of benefits and that eviction would have a disproportionate effect on his health and family life.

Bertschinger said Haque has been diagnosed with diabetes, obstructive sleep apnoea, hypertension and depression and that tenants with disabilities are more likely to struggle to manage anti‑social behaviour by others who live at or visit their homes. The defence states the children are British citizens and that Haque's wife is in the UK on a spousal visa. It also says local authorities offered no alternative accommodation for the family when they arrived.

Local Conservative councillor Isobel Ballsdon described the situation as "outrageous," saying accommodation for retired people was not suitable for children and characterising the case as unfair to other vulnerable groups in need of housing. Southern Housing declined to comment to media.

At a previous hearing on Aug. 4, Deputy District Judge Simon Lindsey declined to order immediate possession, saying there were "a number of issues" to resolve. "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 judge said.

Hearing documents show Haque pays £110.70 per week for the flat. The possession hearing is listed for Jan. 6 next year at Reading County Court.

The case comes as senior government figures have criticised domestic interpretations of Article 8 and signalled potential changes. Appearing before the Lords Constitution Committee, Attorney General Lord Hermer said last week that Strasbourg case law had become "permissive" and that Article 8 has at times been used to frustrate deportation efforts by people described by the government as illegal migrants and serious criminals. He said the government would consider robust changes to how British courts interpret the provision.

Haque's lawyers argue that removing his family from the property would be a disproportionate interference with his private and family life and would have a serious and drastic impact on his health and wellbeing. Southern Housing's possession claim rests on the housing provider's view that the tenancy conditions were breached and that other residents' safety and quality of life have been affected. The court will resolve those competing claims at the scheduled hearing.