London and Quadrant Housing Trust v R. on the application of Weaver and Equality and Human Rights Commission [electronic resource]
Language: English Publication details: 2009Subject(s):- LONDON AND QUADRANT HOUSING TRUST V R ON THE APPLICATION OF WEAVER
- L V BIRMINGHAM CITY COUNCIL
- ASTON CANTLOW AND WILMCOTE WITH BILLESLEY PCC V WALLBANK AND ANOTHER
- HUMAN RIGHTS ACT 1998 S6
- HOUSING ACT 1996
- HOUSING ACT 1988
- England and Wales -- 1543-
- PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE JUDGMENT (Browse shelf(Opens below)) | 1 | Available | 147874-2001 |
[2009] EWCA Civ 587, 18 June 2009. The case considers whether the termination of a tenancy by a housing trust did not constitute an act of private nature under the Human Rights Act 1998 s.6(5) and was subject to human rights considerations. London and Quadrant Housing Trust (L) appealed against a decision that it was subject to human rights principles when terminating Ms Weaver's tenancy (W). L was a registered social landlord with corporate and charitable status. W received an order for possession for rent arrears. She sought judicial review on the basis that her human rights were not respected. She considered that the act was not of a private nature. "Held": L was a hybrid public authority and providing a public service. Terminating W's tenancy was a private act and was in principle subject to human rights considerations. Every housing trust providing social housing would not necessarily be in the same position as L's. Determining the public status of a body is dependent on the facts. The appeal is dismissed. Leave to appeal to Supreme Court refused.