A MIGRANT on benefits who moved his entire family into a retirement home says kicking him out would breach his human rights.
Shahidul Haque, 59, moved his 28-year-old wife and three-year-old daughters into the retirement home in Reading, Berkshire, in 2024.
Haque, who claims disability benefits for depression and sleep apnea had previously moaned the accommodation was too small for his family.
He moved his family into the single-bed flat in the complex, reserved for residents over the age of 55, without permission just five months after signing his tenancy agreement.
Lawyers claimed Haque could not understand the tenancy agreement at the accommodation, saying he was never shown the contract in his native language Sylheti, which is mainly spoken in Bangladesh.
Now, owners of the retirement home, Southern Housing, have taken Haque to Reading County Court in a bid to reclaim the flat arguing he has breached that agreement.
But Haque has claimed evicting him and his family from the flat would breach his rights under Article 8 of the European Convention on Human Rights (ECHR).
Residents of the complex have continuously complained about the family’s anti-social behaviour and “constant noise.”
According to MailOnline, residents of the complex complained on 39 separate days between December 2024 and October 2025.
The outlet reported that Southern Housing submitted a raft of allegations which cited loud noises in the early hours including screaming, crying, shouting and doors slamming.
While it was also claimed that Haque’s children could be heard running and jumping around and allegedly drawing on the walls with crayons which Southern have argued breached the tenancy agreement.
And court documents claimed they pulled an emergency assistance cord nine times in a single day in December 2024.
The hearing on August 4 saw deputy district judge Simon Lindsey decline to immediately order that Southern Housing could take possession of the flat.
Reading Crown Court confirmed the case had been adjourned until May 5 after it was initially adjourned to January 6.
In November last year, Southern Housing filed a response to claims that Haque’s disabilities should mean he can’t be evicted with lawyers arguing he should prove he is disabled.
Representing Southern, Jared Norman argued: “The issue is not the Defendant’s characteristics, conditions or any disability but that the Property and the premises around it are not suitable for the Defendant’s wife and children to reside in and around respectively.”
“It is averred that the other residents of premises near the Property should not have to suffer so that the Defendant and his family may continue to reside in the Property,” he added.
Normal also dismissed the argument that Haque couldn’t understand the agreement saying he had confirmed in writing that he had “read, understood and accepted the terms and conditions”.
In response, Isabel Bertschinger, representing Haque, said: “The Claimant’s decisions to institute, pursue and continue to seek possession of the property are incompatible with the Defendant’s rights under Article 8 of the European Convention on Human Rights and possession would constitute a disproportionate interference therewith.”
Bertschinger went on to add that separating Haque from his family would have a “significant deleterious impact” on his health and “severe and disproportionate impact” on his family life.
The migrant was living in a four-bedroom East London home with his first wife before the couple divorced and Haque became homeless.
Haque, who had seven children with his first wife, was placed in social housing in Newham before he was transferred to Berkshire.
He moved into his flat in the retirement complex, which costs £110.70 per week, in July 2024.
He claims he applied for his second wife and daughters to come to the UK from Sunamganj, a city in the north of Bangladesh, in October.
In December his second wife and his daughters moved into the tiny flat.
Haque’s children were born in Bangladesh but hold British citizenship, his wife is in the UK on a spousal visa.
He previously worked in a Bangladeshi restaurant in London but currently claims disability benefits.
