Public law and human rights defences against possession proceedings


Produced in partnership with Kevin Long of Hackney Community Law Centre
Practice notes

Public law and human rights defences against possession proceedings


Produced in partnership with Kevin Long of Hackney Community Law Centre

Practice notes
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A local authority (LA) landlord is a public body and its actions are open to scrutiny on public law grounds. It is well-established that where an LA brings a claim for possession of residential premises, a defence can be raised on conventional judicial review principles. See Practice Note: Judicial review—what it is and when it can be used.

An LA will also be a public authority for the purposes of the Human Rights Act 1998 (HRA 1998) and claims for possession may also then potentially engage Convention rights under the European Convention on Human Rights (ECHR), notably Article 8, the right to respect for one’s home.

Private Registered Providers (PRPs) (England) and Registered Social Landlords (RSLs) (Wales)

Non-LA social housing landlords (classed as ‘private registered providers’ (PRPs) in England or ‘registered social landlords’ (RSLs) in Wales) may also be treated as public authorities in some circumstances. However, this is fact-sensitive and not all of the activities of a PRP or an RSL will be deemed to be public functions,

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Local authority definition
What does Local authority mean?

The County, Unitary or london borough Council for a defined area.

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