A CAMPAIGNING MSP has launched a crowdfunder to contest housing laws on behalf of a constituent facing eviction after almost 30 years in his home.
Andy Wightman of the Scottish Greens aims to raise £10,000 to help Edinburgh man Colin Brown launch a human rights challenge to residency rules set in the late 1980s.
Brown moved in to his Leith flat at around the same time these were made law.
Now his landlord Express Investment Company wants to dispose of it and 28 others and has served all sitting tenants notice to quit.
While all others have moved on, Brown, a tour guide and former actor, is battling to stay and will challenge his eviction at Scotland’s specialist housing tribunal in the New Year.
I am now facing the prospect of being made homeless. The feeling of helplessness is overwhelming
Now Wightman has set up the crowdfunder to push even further and pursue a separate court action that would argue that Brown’s eviction would breach Article 8 of the European Convention on Human Rights, which protects private life.
Wightman said: “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.”
The MSP says the case could be “of wider significance to the 15% of the Scottish population who live in the private rented sector”.
He stated: “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.
“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.”
Appealing for public support, he went on: “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.”
Around £3000 has been donated so far and pledges will end on January 15.
One donor commented: “Untenable private rental situations like this make people’s lives miserable. They can’t and shouldn’t be tolerated by a good and caring society.”
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According to Companies House, the Express Investment Company Ltd is based at Glenorchy House, in Edinburgh.
The company said: “The Express Investment Company Limited confirm that they are seeking to recover possession of the property occupied by Mr Brown.
“The appropriate notice to quit was served in May 2019. Mr Brown declined to vacate the property and, as provided for in the appropriate legislation, the Express Investment Company Limited lodged an application to the First Tier Tribunal. Mr Brown is contesting that application.
“The First Tier Tribunal will determine in due course whether Mr Brown is entitled to remain in the property or whether the Express Investment Company Limited is entitled to recover possession. Given that this matter is subject to ongoing litigation it would not be appropriate for the Company to make any further comment.”
In an interview in September, Brown told the Edinburgh Evening News he was “devastated” by the eviction notice, stating: “I’ve lived in Leith and been actively involved in the community for over 40 years, and have lived in this home for nearly three decades.
“I am now facing the prospect of being made homeless.
“The feeling of helplessness is overwhelming.”
At the time, local councillor Gordon Munro said it was “cruel and heartless to put profit before people”.
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