Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Human Rights, Civil Liberties & Public Law
Residential Property
Housing & Property
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to set out the legal and practical issues facing Housing Associations as bodies that sit on the junction between private and public law. It analyses how recent case law has shaped the scope by which their decisions can be challenged by tenants using public law remedies such as judicial review and applications under the Human Rights Act 1998. This podcast will look in particular at the dissenting judgment of LJ Rix in Weaver v London & Quadrant Housing Trust [2009] and at the justiciability of decisions to allocate housing stock, terminate tenancies and grievance procedures.

Outcomes:
After completing the course you will:
  • Understand the reasons for LJ Rix's dissent in Weaver v London & Quadrant Housing Trust [2009];
  • Understand the distinction between public and private acts in the context of housing association functions;
  • Be aware of the how public law remedies can impact on the allocation of housing stock and termination of tenancies by housing associations;
  • Understand the remafications of the Weaver decision for housing associations;
  • Be aware of the potential ambit of the term "managment" in the divisional court declaration of LJ Richards in Weaver;
  • How the decision will affect discretion holders/people with management powers;
  • Understand the grounds on by which a tenant could mount a challeng to the decision to issue possession procedings;
  • Be aware of the role of the Human Rights Act 1998 in housing association possession proceedings;
  • Understand the desireability for housing associations of having a thorough and rigourously adhered to complaints and appeal procedure.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Peabody Housing Association Ltd v Green (1978) 38 P&CR 644;
  • YL v Birmingham City Council [2007] 3 WLR 112;
  • R (on the application of Weaver) v London & Quadrant Housing Trust [2008] EWHC 1377;
  • Human Rights Act 1998 s6(5);
  • R (on the application of G) v Southwark London Borough Council [2009] UKHL 26;
  • Kay & Anor v London Borough of Lambeth & Ors [2006] UKHL 10;
  • Doherty v Birmingham CC [2006] EWCA Civ 1739;
  • Housing Act 1988 s5, Grounds 8, 10, 11.

In part two of this two part CPDcast mini-series, Nick Billingham, Head of Housing at Devonshires continues to analyses the reasoning and impact of the decision in R (on the application of Weaver) v London & Quadrant Housing Trust [2009]. He starts by finishing his examination of the dissenting judgment of LJ Rix in the Court of Appeal and where it leaves the current state of the law and status of Housing Associations up and down the land.

This podcast also deals with decisions to allocate housing stock, terminate tenancies and the importance of clear and rigorous review procedures by which Housing Associations can protect their functions.

Podcast last reviewed: 2011-08-30

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