Tag Archive for 'public function'

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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: , , , , , .

While waiting for Weaver 2

By NL on 02/05/2008. 0 Comments

The Joint Committee on Human Rights has recommended that the Oftenant regime and the Housing and Regeneration bill extend the scope of the Human Rights Act to Registered Social Landlords. In response to the Housing Federation complaining that this would limit their ability to raise private finance by making them public bodies, the committee said:

there was ‘no basis’ to the belief that giving associations a duty to act in accordance with ECHR rights would change their status from private to public ‘for any purpose other than the applicability of the Human Rights Act’.

So there. But while this is not a bad idea at all, at least as … Read the full post

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

Publawyer on public function

By NL on 13/07/2007. 0 Comments

Just a quick note that Publawyer has posted an excellent discussion of YL v Birmingham and the broader impact on thinking about functional public authorities for the purposes of the Human Rights Act. Sure, it’s a bit late, but he’s been away. It makes a good counterpoint to Head of Legal’s view.

Personally, I side with Publawyer. As the duties and activities of public authorities are increasingly contracted out to private sector and not for profit organisations, and often at arm’s length to boot, an open view of ‘public function’ strikes me as increasingly required. Head of Legal’s worries that something as simple as being a regulated industry, or … Read the full post

Posted in Community care and Housing law - All. Tags: , , , , .
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