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26 November 2009 / Annette Cafferkey
Issue: 7395 / Categories: Features , Public
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Seeking possession

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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

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