Human rights now have relevance in social housing agreements, reports Louise Curtis
In a ground-breaking decision the Court of Appeal confirmed that Registered Social Landlords (RSLs) will have to consider their tenants’ human rights in regard to their housing management and housing allocation function.
The Equality and Human Rights Commission (EHRC) intervened in this case where the Court of Appeal considered whether London and Quadrant Housing Trust (LQHT) should be treated as a public authority for the purposes of the Human Rights Act 1998 (HRA 1998).
The Court of Appeal decided after considering a number of factors cumulatively that LQHT in its role established sufficient public flavour to bring it within the concept of public functions for the HRA 1998 test.
As a result of the case, LQHT tenants and tenants of most other housing association/RSL will now be protected by HRA 1998 in the same way as local authority tenants.
Background
Mrs Weaver was a tenant of LQHT, eviction was sought on ground 8 for non-payment of rent. She had had personal problems regarding being able to work due to childcare issues.