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17 July 2009 / Louise Curtis
Issue: 7378 / Categories: Features , Landlord&tenant , Human rights , Property
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All change

Human rights now have relevance in social housing agreements, reports Louise Curtis

In a ground-breaking decision the Court of Appeal confirmed that Registered Social Landlords (RSLs) will have to consider their tenants’ human rights in regard to their housing management and housing allocation function.

The Equality and Human Rights Commission (EHRC) intervened in this case where the Court of Appeal considered whether London and Quadrant Housing Trust (LQHT) should be treated as a public authority for the purposes of the Human Rights Act 1998 (HRA 1998).

The Court of Appeal decided after considering a number of factors cumulatively that LQHT in its role established sufficient public flavour to bring it within the concept of public functions for the HRA 1998 test.
As a result of the case, LQHT tenants and tenants of most other housing association/RSL will now be protected by HRA 1998 in the same way as local authority tenants.

Background

Mrs Weaver was a tenant of LQHT, eviction was sought on ground 8 for non-payment of rent. She had had personal

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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