Migrant with Disability Uses Human Rights to Fight for Home in Retirement Family Setting

A Family's Struggle Against Eviction in a Retirement Home

Shahidul Haque, a 59-year-old Bangladeshi man who receives disability benefits, is fighting to stay in a retirement home with his wife and twin daughters. He claims that evicting his family would violate his rights under the European Convention on Human Rights (ECHR), specifically Article 8, which protects the right to a private and family life.

Haque moved into a single-room flat at David Smith Court, a complex reserved for residents over the age of 55, in July 2024. However, just five months later, he brought his 28-year-old wife, Jakia Sultana Monni, and their three-year-old daughters into the property. He says he didn’t realize this was against the rules because he doesn’t speak enough English to understand the tenancy agreement.

The situation has led to conflict with other residents, who have complained about "excess noise" and "anti-social behaviour" from the family. The children have been pulling emergency cords, disturbing others living in the complex. Southern Housing, the company that owns the retirement home, has taken legal action, claiming that Haque has breached the terms of his lease and is seeking to reclaim the flat.

Haque’s lawyers argue that the misunderstanding stems from the fact that the tenancy agreement was never translated into his native language, Sylheti. They claim this lack of translation made it impossible for him to fully understand the conditions of his housing. Haque insists he did nothing wrong and says he had no other place to go. He argues that the current flat is too small for a family of four and demands that they be rehoused in a larger space before he agrees to leave.

Legal Battle and Human Rights Concerns

Haque has lived in the UK since 1997 and holds a British passport. He previously had a four-bedroom home in London, but after a divorce, he became homeless and eventually moved into temporary accommodation. His current flat costs £110.70 per week, and he claims he applied in October 2024 for his second wife and daughters to join him in the UK from Sunamganj, Bangladesh. They arrived in December 2024.

His children are British citizens, and his wife is in the UK on a spousal visa. Haque, who is registered as disabled, receives benefits for diabetes, obstructive sleep apnoea, hypertension, and depression. Despite this, he continues to fight for his family’s right to stay in the property.

Southern Housing’s solicitor, Taiwo Temilade, said the family’s behavior was negatively affecting other residents. The firm claims the children’s actions, including misuse of safety features, have caused disturbances. However, Haque denies any wrongdoing, stating that his children are only playing and that he has taken steps to prevent further issues.

The Role of Language and Legal Protections

Haque’s legal team has argued that disabled tenants, especially those with limited English skills, are more vulnerable to misunderstandings about their housing rights. Isabel Bertschinger, Haque’s barrister, stated that the terms of the tenancy agreement were never properly explained or translated into Sylheti. She also highlighted the potential impact of eviction on Haque’s health and wellbeing, arguing that removing him from his home would be disproportionate and harmful to his family life.

At a recent court hearing, Deputy District Judge Simon Lindsey acknowledged the complexity of the case. While he suggested that Haque should not be in the property with his family, he noted that the circumstances surrounding how he ended up there remain unresolved. The case is scheduled to be heard again in January 2025.

Public Reaction and Broader Implications

The situation has sparked public debate, with some local officials criticizing Haque’s actions. Isobel Ballsdon, a Conservative councillor, called the situation “outrageous,” suggesting that Haque is taking advantage of the system. Another councillor, Raj Singh, expressed disbelief that Haque could fill out housing forms but not understand the contract details.

Meanwhile, the Attorney General has announced that Labour may consider changes to how British courts interpret Article 8 of the ECHR, citing concerns over its potential misuse by illegal migrants and serious criminals. This has raised questions about the broader implications of the case, particularly regarding the balance between human rights protections and housing policies.

As the legal battle continues, Haque remains determined to fight for his family’s right to stay in the home they now call their own.