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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime specialist joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
Could an online LLM in Commercial and Technology Law expand your career options?
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
back-to-top-scroll