header-logo header-logo

26 November 2009 / Annette Cafferkey
Issue: 7395 / Categories: Features , Public
printer mail-detail

Seeking possession

Annette Cafferkey provides an update on housing, public law & human rights

Over the course of the last year or so there has been a spate of cases the effect of which increases the extent to which public sector landlords are open to challenge when seeking possession. The extent of this increase is not clear, however.

The first decision referred to below establishes that registered social landlords (RSLs) can subject to the Human Rights Act 1998 (HRA 1998) and amenable to judicial review.

The remainder of the article covers two aspects: first, it traces the debate that has developed around the question of whether an unqualified entitlement to possession can be defeated in the county court using arguments based on the occupier’s personal circumstances; and, second, it outlines the tension that exists between European Court of Human Rights (ECtHR) and the domestic courts on this point.

RSLs—public authority

In R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587,  [2009] All ER (D) 179 (Jun) the administrative court declared the London and Quadrant

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

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

Freeths—John Jones

Freeths—John Jones

Freeths strengthens senior leadership team with Chief Technology Officer appointment

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll