We need answers
It may be a new year but there is one question hanging over from 2009 that refuses to go away: are housing associations public or private bodies for the purposes of the Human Rights Act?
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The issue was first raised in the Court of Appeal last summer in a case involving London & Quadrant and a tenant, Weaver. It has remained hotly disputed since and reared its head again this week when the High Court effectively ducked the issue. The judge found against Gentoo in a tenancy dispute in which the Weaver judgement had been cited.
There is a better way. The housing sector should be bold. When an appropriate case presents itself, as it surely will, it should back it all the way to the Supreme Court.
This may be a risky strategy, but good landlords who treat their tenants well have nothing to fear from the Human Rights Act if the case goes against them. If they win, the question is put to rest. Until then legal costs will continue to rise unchecked.