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R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207

Summary

In this court of appeal decision the court found that some registered social landlords, such as charities, companies or co-operatives that provide social housing, should be treated as public bodies and subject to the Human Rights Act.

Background

London and Quadrant Housing Trust (L&Q) were attempting to evict Susan Weaver from her flat where she had lived as an assured tenant since 1993. It was alleged that she had failed to pay her rent for eight weeks and sought an order to repossess her property.

The High Court found that L&Q trust had not breached her human rights, but that it was a public authority because it performed a public function in allocating, managing and terminating social housing. As a result of this it was subject to obligations under the Human Rights Act.

The Trust appealed this to the Court of Appeal who confirmed the view of the High Court that the Trust was a public authority.

The effect of the decision

Social landlords, considered to be acting as a public authority, must have regard to a tenant's basic human rights when deciding whether to make an eviction order.

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