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 property was one taken over by the Association as former local authority housing stock and therefore in managing the housing the Association, a registered social landlord, was exercising a public function, and its decisions were subject to judicial review. The Association had accepted additional public duties under the 1996 Act.
Richards LJ, Swift J
[2008] EWHC 1377 (Admin), Times 08-Jul-2008, [2009] 1 All ER 17
Bailii
Housing Act 1996 170, Homelessness Act 2002
England and Wales
Citing:
Cited – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Cited by:
At First Instance – 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 . .
Appeal from – London and Quadrant Housing Trust v Weaver, Regina; Equality and Human Rights Commission intervening CA 18-Jun-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Housing, Judicial Review, Human Rights
Updated: 02 November 2021; Ref: scu.270335
