In Kyzylorda, the Kazakhstan Housing Company (KZhK) failed in its attempt to evict a mother with young children from rental housing during the heating season, reports infohub.kz.
A state bailiff suspended the eviction process until the end of winter, but KZhK disagreed and filed an administrative lawsuit. The company demanded that the bailiff's order be overturned as illegal, arguing that the woman is not the owner of the apartment but only rents it under a contract, so there are no legal grounds for a postponement.
The courts of first instance and appeal rejected KZhK's claim, ruling the bailiff's actions lawful. In their decisions, they stated that the company's lawsuit violates the Convention on the Rights of the Child, as well as principles of humanity and justice.
The case reached the Cassation Court, which noted that proceedings were initiated against a family with minor children. Additionally, the Cassation Court reminded that under the law, eviction from sole housing is prohibited during the heating season for families with children, persons with disabilities, and socially vulnerable groups. The court also took into account that the housing was originally rented to the woman with the right of subsequent purchase, confirming the family's long-term and permanent residence.
However, the Cassation Court emphasized that the decision to suspend the eviction is temporary, does not revoke the court order, but merely protects the rights of children during the winter period.
Earlier, it was reported that the rules for evicting debtors from housing in Kazakhstan had changed.