Social Housing in UK Law

Leading Cases
  • R (Weaver) v London and Quadrant Housing Trust
    • Queen's Bench Division (Administrative Court)
    • 26 Jun 2008

    Reference to the termination of a tenancy brings me to a final point on this issue, which is that if the allocation of housing stock by LQHT is a public function, then it would in my view be wrong to separate out “management” decisions concerning the termination of a tenancy as acts of a purely private nature. It would be artificial to separate out the act of terminating a tenancy, or indeed other acts in the course of management of a property, from the act of granting a tenancy.

  • R J A Pye (Oxford)Ltd Bellway Homes Ltd and The Housebuilders Federation and Oxford City Council
    • Court of Appeal
    • 30 Jul 2002

  • R (Weaver) v London and Quadrant Housing Trust
    • Court of Appeal
    • 18 Jun 2009

    Third, it is only of limited significance that the function will be subject to the principles of judicial review. The purpose of attaching liability under section 6 is different to the purpose of subjecting a body to administrative law principles, and it cannot be assumed that because a body is subject to one set of rules it will therefore automatically be subject to the other.

  • R (Abdul Walud) v Tower Hamlets LBC
    • Court of Appeal
    • 07 Mar 2002

    Hence Mr Knafler, in common with others who have appeared for local social services authorities, has conceded that 'residential accommodation' can mean ordinary housing without the provision of any ancillary services.

    That duty is premised on an unmet need for 'care and attention' (a 'condition precedent', as this Court put it in the Westminster case, at p 93E). It is simply the means whereby the necessary care and attention can be made available if otherwise it will not (I do not understand this Court to have rejected that part of the local authority's argument in the Westminster case, at p 93B-D).

    Had it been that the combination of the claimant's mental health and a severe housing problem gave rise to a need for care and attention, this claim would still have faced considerable difficulties. Nothing in section 21 allows, let alone requires, a local social services authority to make any provision authorised or required to be made, whether by them or by any other authority, by or under any enactment other than Part III of the 1948 Act.

    Where a local social services authority is making an assessment of need, it is good practice to consider whether the claimant may have a need for services provided by other authorities, in particular health and housing. We would be doing those clients no favours if social workers were inhibited in continuing that honourable tradition by the fear that responsibilities which properly lay with others might thereby be laid at social services' door.

See all results
Books & Journal Articles
  • Social housing.
    • Núm. 366, Julio 2010
    • African Business
    ...Investment in large-scale, popular urban housing schemes is certainly taking off in Africa. In December, the government of Ghana concluded a deal with South Korean company STX to construct a total of 200,000 new homes by 2016. [ILLUSTRATION OMITTED......
  • Uses of Macro Social Theory: A Social Housing Case Study
    • Núm. 79-1, Enero 2016
    • The Modern Law Review
    This article reflects on the use of macro social theoretical perspectives to explain micro social issues, using social housing allocations as a case study. In contrast to a number of social theoret...
  • Trust, Distrust and Betrayal: A Social Housing Case Study
    • Núm. 72-2, Marzo 2009
    • The Modern Law Review
    This paper discusses the importance of trust, distrust and betrayal in the context of relational contracts in the modern welfare state. We use a specific case study of the allocation of social hous...
  • Jurisdiction and Scale: Rent Arrears, Social Housing, and Human Rights
    • Núm. 39-2, Junio 2012
    • Journal of Law and Society
    This article draws on the recent work of Mariana Valverde on jurisdiction and scale to frame a study of the interaction between mandatory possession proceedings brought by one particular type of so...
See all results
Law Firm Commentaries
See all results