Stop Colin Brown being evicted

by Andy Wightman MSP on behalf of Colin Brown

Stop Colin Brown being evicted

by Andy Wightman MSP on behalf of Colin Brown
Andy Wightman MSP on behalf of Colin Brown
Case Owner
I am a Member of the Scottish Parliament. I have been assisting Colin in the case over the past few months. I was the lead litigant in the European Court of Justice Article 50 revocation case.
Funded
on 09th January 2020
£10,080
pledged of £15,000 stretch target from 415 pledges
Andy Wightman MSP on behalf of Colin Brown
Case Owner
I am a Member of the Scottish Parliament. I have been assisting Colin in the case over the past few months. I was the lead litigant in the European Court of Justice Article 50 revocation case.

About Me
I am Andy Wightman, a Member of the Scottish Parliament. I have set this Crowdfunder up to raise funds to pursue a legal case on human rights grounds to halt the eviction of a constituent of mine, 67 year-old Colin Brown from his home of 27 years in Leith, Edinburgh.

The Case
Colin's landlord is a company called Express Investment Company Ltd. The company owned 29 residential properties as at March 2018 and is disposing of all of them. In the case of eleven tenants who have secure tenancies, their homes have been sold with the sitting tenants remaining in their homes. Notices to Quit on the remaining properties have been served and the tenants have left. Colin Brown is the last remaining tenant. He is challenging his eviction in the First Tier Tribunal at a hearing on 17 January 2020.

This crowdfunder is not concerned with this tribunal hearing but with a wider planned challenge to the Housing (Scotland) Act 1988 on the grounds that in the circumstances of this case, the legislation violates Colin Brown's human rights under the European Convention on Human Rights (Article 8 Right to Respect for Private and Family Life and Article 1 of Protocol 1 Protection of Property). 

We believe that it may not be proportionate under Article 8 to evict a tenant who is 67 years old and has lived in his home for over 27 years. We believe that it may violate Colin's rights under Article 1 of Protocol 1 as it may be disproportionate to remove his property rights (the 27 year tenancy) in favour of a corporate landlord who by definition cannot e.g. live in the property.

Why does this matter?
This case clearly matters for Colin Brown but it could also be of wider significance to the 15% of the Scottish population who live in the private rented sector. We believe that there are elements of private tenancy law that do not adequately uphold the human right to a home, to a private and family life and to possessions because it is too easy in too many cases to evict a tenant at short notice.

What do we propose to do?
We propose to obtain an Urgent Opinion by a leading Advocate as to the likely grounds and chances of success of this action. We have already secured pro bono advice from a leading academic authority in the field of ECHR.

How much we are raising and why? 
We propose to raise £10,000 to secure this Opinion and to review the options open to use once it has been given. if we then decide to proceed to litigation, we will launch a new and separate crowdfunder.

Thank you
This is about the worst time of year to ask anyone to donate money but Colin faces eviction and too many other private tenants live insecure lives. Thank you for whatever support you are able to provide.

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