CONNORS v. THE UNITED KINGDOM JUDGMENT
19
Opinion is mixed between case study respondents on whether site residents should
continue as licensees or have some form of tenancy. Some feel that good site
management requires the ability to – occasionally and in extreme situations – step in
quickly and get a troublemaker off the site. This recognises that violence, crime or
anti-social behaviour can have the effect of very quickly emptying a site of residents
(who are mobile and take their homes with them) as well as potentially causing severe
physical damage to the site and its facilities. The opportunity for prompt action is
essential to safeguard the interests of respectable residents and staff who have to visit
the site. They therefore do not want anything which gives greater security of tenure.
Other local authority respondents argue that licensee status makes Gypsies and other
Travellers into second class citizens, and that everything possible should be done to
regularise their position alongside tenants in permanent housing. They recognise that
most residential sites are now stable and provide long-term accommodation rather
than specifically catering for nomadism. They see the advent of introductory tenancies
for social housing as a protection against bad behaviour from new residents...
Residents occasionally express the argument often made by site managers... against
increasing security of tenure because of the need for a power to be able to get rid of
bad or disruptive residents quickly in order to protect the interests of the other
residents and the quality of the site as a whole.
On the other hand, lack of security means that even long-standing residents are
dependent on the continued goodwill of the operator, to an extent that few of them
seem to realise. The more settled people become, the more important tenure seems
likely to be to them as long-term residents begin to improve and develop their plots,
build sheds of their own, and so on. Some may acquire mobile homes rather than
caravans which would be difficult to move and re-site. It is generally thought hard to
find space on an official site – particularly on a good one as there aren’t many sites
and a lot of them are thought to be full. It can seem unreasonable that people should
still be on four weeks notice if they have lived 20 or 30 years in one place, behaved
well over that time and have invested in developments of their plot or home.”
66. According to statistics given, evictions in fact occurred on four out
of 76 sites during 2000/1 (5%). On three sites there was a single eviction
and on one there were three evictions. Reasons seem to have combined both
arrears and anti-social behaviour.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
67. Article 8 of the Convention provides as relevant:
“1. Everyone has the right to respect for his private and family life, his home...
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society