Social landlord deemed a 'hybrid' public authority
London and Quadrant Housing Trust served an order for possession on Susan Weaver because her rent was over two months in arrears...
...(Ground 8, Sch 2 of the Housing Act 1988) Housing associations have argued that the function of providing rental housing is not of a public nature for the purposes of human rights law but a private matter, governed by the law of the land and the contract between landlord
and tenant.
The courts have generally supported this view – until recently. Mrs Weaver took LQHT to court (she contended that to evict her from her home would interfere with her rights under Article 8 of the European Convention on Human Rights). The High Court ruled ‘the management and allocation of housing stock by LQHT is indeed a function of a public nature’ but did uphold the eviction because the L&Q’s procedures were fair and in order. The charity decided the implications of the adverse ruling about its public status were so important that it would appeal.
The Court of Appeal confirmed that the provision of subsidised housing was a governmental function and that LQHT was providing a public service as a ‘hybrid public authority’. In particular, it was acting in the public interest and had charitable objectives placing it outside the traditional area of commercial activity.
The National Housing reminds associations in the light of this case that their ‘management and letting can be the subject of challenge …through judicial review…and they should review their record-keeping to ensure they can demonstrate the fairness and reasonability of their actions in the event of a challenge.’
LQHT has announced its intention to appeal to theHouse of Lords.
Author: Clarissa Dann
Clarissa Dann was the editor of Caritas as well as an HR and management online service,he People Bulletin until July 2011.
She is now the editor of the specialist trade finance magazine, Trade and Forfaiting Review which can be viewed at www.tfreview.com but does write on charity finance and investment from time to time.
Clarissa has a background in legal and professional publishing, as well as business journalism and holds an MBA from
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