When PILP started in 2014, a hearing was organised with caravan dwellers from all over the country. They were asked what most needed legal help. The caravan community immediately came up with the ‘extinction policy’: the policy of some municipalities to make caravan culture and places disappear.
PILP started working with the community to find the best case to challenge this. And that became the case of Henk from Oss.
Henk is a caravan dweller and lived in a caravan with his mother. His mother died and Henk was not allowed to take over the caravan site, based on the eviction policy. He was not recognised as a tenant. The municipality threatened to evict his caravan.
However, this was also a technical legal issue. The lawyers at Kennedy van der Laan were willing to help, as part of their pro bono policy. Tenancy law specialists and administrative lawyers from this firm collaborated with PILP’s human rights experts. The court proceedings were won in court on 14 January 2016. The municipality appealed and Henk also won at the court of appeal, on 31 October 2017. Read the judgment here.
Unfortunately, both the district court and the court of appeal failed to say anything more generally about the extinction policy or human rights at stake in the case.
Still, the community was happy with the result achieved; by taking legal action, the extinction policy had been rolled back in a concrete case. But also for Henk, of course, as he was allowed to continue living in his caravan.