Tag Archive for 'ground 8'

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While waiting for Weaver…

By NL on 17/03/2008. 7 Comments

I’m eagerly awaiting the judgment in R(Weaver) v London & Quadrant, but, in one of those quirks of synchronicity, Bailii has just put the Court of Appeal Judgment in Donoghue v Poplar Housing & Regeneration Community Association Ltd & Anor [2001] EWCA Civ 595 up online. It made an interesting re-read, thinking about the issues in Weaver.

I don’t want to rehearse the Donoghue arguments in their entirety. We know the basis of an intertwined history and provision of temporary accommodation post homeless application that the Court held up as the reason for finding public function, and I doubt the HRA arguments are of much use to Weaver, despite (or … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , , .

Follow-ups

By NL on 13/03/2008. 0 Comments

There have been some very interesting comments on posts from the last week, and further news on the stories, making a catch up post worthwhile.

In no particular order…

I am delighted that Tony Fearnley commented on the Helena Housing v Molyneaux & Mower post. Tony, whom a quick google reveals is from Stephensons Solicitors, acted for Molyneaux and Mower (good work there) and also brings news that Knowsley v White has been joined with L&Q v Ansell for hearing in the House of Lords, listed for 3 days in October 2008. Helena Housing and Payne v Young is getting a lot of attention at the moment (Garden … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , , , , .

Housing Associations and public function to be tested?

By NL on 07/03/2008. 38 Comments

[Edit 30 June 08. The judgment in the following case is now out. For a detailed comment, see this post.]

According to Inside Housing, London & Quadrant are fighting an application for Judicial Review in Susan Weaver v London & Quadrant Housing Trust. It appears that the applicant is making the full-on challenge – that Housing Associations are public bodies – as a defence to a ground 8 possession.

This will be very interesting. Clearly, housing associations can be capable of being public bodies where fulfilling the function of a public body. But the circumstances in which that might be said to be the case have been highly arguable, … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , .

What do we do with a problem like Ground 8?

By NL on 28/12/2006. 5 Comments

To those not acquainted with housing law, Ground 8 is one of the mandatory grounds for possession of an assured tenancy listed in Housing Act 1988 Schedule 2. It forms one of the major differences between an assured tenancy (typically Housing Association/Registered Social Landlord) and a secure tenancy (typically Local Authority). As the wholesale transfers of local authority housing stock and tenancies to Housing Associations continue, not wholly uncontested, these differences become increasingly significant.

Ground 8 works quite simply. For the average weekly tenancy, it goes like this: 8 weeks rent arrears at the the time of the service of the Notice Seeking Possession and 8 weeks rent arrears … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , , , .
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