Housing associations will find it easier to avoid being made subject to judicial reviews after a court today ruled they are not public bodies.
Accoring to inside housing:
“London landlord Peabody won its High Court battle against a tenant who was challenging their decision not to exchange his tenancy with a property in Edinburgh.
Dismissing his claim, the judge Justice William Davies ruled that Peabody should not be considered a public body for legal purposes in the circumstances of the case.
This meant the decision could not be challenged via judicial review and follows a 2010 High Court judgement, Weaver v L&Q, which found the opposite based on different circumstances.
Justice Davies based his decision on the fact that Peabody had not used any public subsidy or grants in purchasing the property in question. It also argued that there was no direct allocation relationship with any local authority and rents were not subject to any statutory social rent regulation.
The case means anyone seeking to bring a judicial review against housing associations must first demonstrate they are a public body.”