Tag Archive for 'housing associations'

Weaver – the reason for refusal

By NL on 09/11/2009. 0 Comments

Following on from our note on the refusal of permission by the Supreme Court for Weaver v L&Q, we have now seen a copy of the Order. Lords Hope and Brown and Lady Hale refused permission to appeal on the ground that

“the application did not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time.”

Now, where to put the emphasis in that sentence? For me, I’d have thought that the ‘general public importance’ was a given, so the weight is on no ‘arguable point of law’.… Read the full post

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

Weaver v L&Q Newsflash

By NL on 18/06/2009. 0 Comments

R(Weaver) v London & Quadrant [2009] EWCA Civ 587  is out (link to doc of the judgment thanks to Garden Court)

This was the Court of Appeal hearing of L&Q’s appeal of the High Court finding that it was a public authority in its housing function, subject to judicial review and the HRA.

Result – L&Q lost. They are indeed a public authority in their housing function.

But there is a lot in the detail – our full report to come.

So… House of Lords anyone?

[Edit. OK, one the one hand, the NL team are fighting over who gets to write up the detailed post, and on the other, … Read the full post

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

Just a quickie

By NL on 24/02/2009. 0 Comments

The Court of Appeal are in the middle of hearing the appeal in R(Weaver) v L&Q – yesterday and today, (Housing Associations as public bodies for JR/HRA purposes). As ever, news on the judgment will be posted as soon as we have it.… Read the full post

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

Gentoo in the news (again)

By Dave on 14/10/2008. 4 Comments

Gentoo Group Ltd and Peter Walls v Hanratty [2008] EWHC 2328 (QB) is the latest case in the unfortunate saga which comes from the LSVT of Sunderland’s entire housing stock to Sunderland HA, now known as Gentoo. When Gentoo took the housing stock, they did so in the knowledge that it was in substantial need of re-development and the price paid for the stock reflected that. Subsequently, Gentoo engaged in a much wider programme of housing and urban renewal than had previously been planned but the renewal has potentially left Sunderland with a social housing stock deficit because of the number of homelessness applications and more general demand for social … Read the full post

Posted in Various (non-housing). Tags: , , .

Weaver un-appealed?

By NL on 11/09/2008. 27 Comments

[Edit 16/09: We now have contrary information, also 'authoritative' in source, also unconfirmed, that the appeal is going ahead. So, until we have further info, your guess is as good as ours.]

Thanks to Ethan at ‘That Snail..’ for passing on unconfirmed news (aka a rumour) that London & Quadrant have decided not to appeal R(Weaver) v L&Q, which, lest anyone forget, was the landmark decision on RSLs being public bodies in their housing function for the purposes of judicial review.

If true, this is a surprise, to put it mildly. Does anyone have confirmation?… Read the full post

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

Comments on Weaver

By NL on 29/06/2008. 2 Comments

Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin).

Ground 8 and Legitimate Expectation

First the substantive ground of challenge – that the use of Ground 8 mandatory possession claims by L&Q Housing Trust amounted to breach of the claimant’s legitimate expectation and/or convention rights.

This was based upon LQHT’s terms and conditions, which said that they would comply with the Housing Corporations regulations and guidance. Housing Corp guidance says that ‘before using Ground 8, associations should first pursue all other reasonable alternatives to recover the debt’. The … Read the full post

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

L&Q v Weaver flash

By NL on 24/06/2008. 8 Comments

Judgment just out

Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin)

Full notes tomorrow, but the headline is:

L&Q is a public authority in its housing function for the purposes of Judicial Review.

Use of ground 8 possession claims is not a breach of legitimate expectation.… Read the full post

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