header-logo header-logo

17 July 2009 / Louise Curtis
Issue: 7378 / Categories: Features , Landlord&tenant , Human rights , Property
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll