The Trust appealed against a finding that in terminating an assured tenancy transferred to it from a local authority, it had acted as a hybrid public authority and was subject to controls under the 1998 Act.
Held: (Rix LJ dissenting). The appeal failed. When dealing with social tenants, the trust exercised a public law function. This was not limted to properties purchased with public funds, but was limited to social tenants. It did not extend to ordinary tenants paying market rate rents.
Judges:
Lord Justice Rix, Lord Collins of Mapesbury and Lord Justice Elias
Citations:
[2009] EWCA Civ 587, Times 26-Aug-2009, [2010] 1 WLR 363, [2009] WLR (D) 202
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Weaver, Regina (on the Application of) v London and Quadrant Housing Trust Admn 24-Jun-2008
An assured tenant sought to challenge a possession order made for rent arrears. He said that as a public body the landlord had a duty under human rights law to pursue all posssible alternate solutions before seeking possession.
Held: The . .
Leave to appeal – Weaver v London Quadrant Housing Trust CA 17-Feb-2009
The respondent sought leave to appeal against a finding that as a registered social landlord it was exercising a public function and was a hybrid public authority.
Held: Leave was granted. A protective costs order was made for the respondent . .
Cited by:
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Lists of cited by and citing cases may be incomplete.
Housing, Human Rights
Updated: 28 July 2022; Ref: scu.347112