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25 June 2009
Issue: 7375 / Categories: Legal News , Landlord&tenant , Property
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Protection for tenants

Landlord & tenant

Social housing tenants are more likely to be protected by the Human Rights Act 1998 (HRA 1998) following a landmark Court of Appeal judgment.
In R (on the application of Weaver) v London and Quadrant Housing Trust, the court held that some registered social landlords (RSLs) will now be treated as public authorities and therefore be subject to the HRA 1998.
John Wadham, group legal director of the Equality and Human Rights Commission, which intervened in the case, says: “Increasingly, the government is using private bodies to carry out public functions in areas such as social housing, care homes and detention and deportation services.

“It is only correct that RSLs, who are providing these public functions, be treated as a public authority and be subject to the Human Rights Act. This will require social landlords to consider the proportionality and reasonableness of their actions.”

The case concerned the attempted eviction of a tenant, Susan Weaver, from a flat where she had lived as an assured tenant since 1993, for allegedly failing to pay her rent for eight weeks.

The trust sought an order to repossess her property. The High Court found the Trust performed a public function and was therefore subject to HRA 1998. The Court of Appeal upheld the court’s view by a 2-1 majority.

Issue: 7375 / Categories: Legal News , Landlord&tenant , Property
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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