Summary
A registered social landlord may be a hybrid public authority under section 6(3)(b) of the Human Rights Act 1998 when managing and allocating social rented housing. Relevant factors include its non-profit status, state control and influence, public subsidy, links with local authorities and role in delivering government housing policy. Granting and terminating tenancies form part of the same function.
A legitimate expectation based on general guidance will be enforceable only if the representation is sufficiently clear and the claimant was led to expect the relevant benefit. Guidance requiring all reasonable alternatives to be pursued before using mandatory ground 8 did not require possession proceedings first to be brought under discretionary grounds 10 or 11.
Factual background
The claimant was an assured tenant of the defendant registered social landlord. The defendant sought possession for substantial rent arrears under ground 8 in schedule 2 to the Housing Act 1988, a mandatory ground.
She challenged that decision by judicial review, alleging breach of a legitimate expectation arising from the landlord’s terms and conditions and Housing Corporation guidance. She also relied on articles 8 and 1 of Protocol 1 of the Convention. The central preliminary issues were whether the landlord was a public authority under section 6(3)(b) of the Human Rights Act 1998 and was amenable to judicial review.
Held
- Public authority. LQHT was, for relevant purposes, a public authority under section 6(3)(b) of the Human Rights Act 1998. An ordinary commercial landlord would not be a public authority merely because it let accommodation. LQHT’s position was materially different because it was a non-profit charity, operated in the social rented housing sector, was subject to substantial state control and influence, received very large social housing grants, and worked alongside local authorities in implementing government housing policy.
- The absence of relevant statutory powers did not prevent public-authority status. Nor did the contractual nature of the landlord’s relationship with tenants determine the issue. The management and allocation of housing stock were closely related aspects of one function. It would therefore be artificial to treat termination of a tenancy as purely private while treating the grant of a tenancy as public.
- Judicial review. A function which was public enough to engage section 6(3)(b) was also amenable to judicial review on conventional public law grounds in respect of that function. The conclusion did not make LQHT amenable in relation to every function.
- Legitimate expectation. The claimant had not shown that she knew of, or had been led to rely on, the alleged representation. The statement that LQHT would comply with Housing Corporation guidance was also too general and qualified to amount to a clear, unambiguous and unqualified public-law promise. The guidance itself allowed judgment as to what alternatives were reasonable.
- Even assuming an enforceable expectation, there was no breach. The requirement to pursue all reasonable alternatives before using ground 8 did not require possession proceedings first to be brought under grounds 10 or 11. The reasonableness of those alternatives could be assessed by reference to their practical prospects of recovering the debt, together with the preventive and recovery measures taken before proceedings. On the history of repeated substantial defaults, LQHT was entitled to regard grounds 10 and 11 as ineffective alternatives.
- The Convention arguments and any application for a declaration of incompatibility were left undecided because they arose only on artificial assumptions and the legitimate-expectation claim failed. The claim was dismissed.
The court’s approach to earlier authorities
Available to signed-in members.
Appeal route
- This judgment [2008] EWHC 1377 (Admin) High Court (Administrative Court)
- Appealed to[2009] EWCA Civ 587Outcomeappeal dismissed by a majority (2–1)
Key cases cited
9 authorities cited.
- YL (by her litigation friend the Official Solicitor) (FC) (Appellant) v. Birmingham City Council and others (Respondents) [2007] UKHL 27
- Kay and others and another (FC) (Appellants) v. London Borough of Lambeth and others (Respondents) and Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants) [2006] UKHL 10
- Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire (Appellants) v. Wallbank and another (Respondents) [2003] UKHL 37
- Wandsworth London Borough Council v Winder [1985] AC 461
- Abdi v Secretary of State for the Home Department [2005] EWCA Civ 1363
- Poplar Housing and Regeneration Community Association Ltd v Donoghue [2001] EWCA Civ 595
- R v North and East Devon Health Authority, Ex p Coughlan [1999] EWCA Civ 1871
- R v Servite Homes and the London Borough of Wandsworth, ex p Goldsmith and Chating [2001] LGR 55
- Peabody Housing Association Ltd v Green (1978) 38 P & CR 644
Sign in to see how the court treated each authority. A free account is enough.
Cases citing this case
3 later cases · 1 positive · 1 neutral · 1 caution
Most senior citing decisions:
- Ejowhokoghene Ubiribo v Notting Hill Genesis [2025] EWHC 132 (KB) considered
- McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin) explained
- University of Cambridge v Revenue and Customs [2009] EWHC 434 (Ch) approved
Sign in for the full treatment table. A free account is enough.