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Public Law Defences in Possession Cases

Speaker: Alexander Adamou
Date: 2025

HOUSING

Alex was called to the bar in 2017, with a developed practice in extensive Common Law.

His main practice areas are Business, Property, Housing and Employment Law. He specialises in
residential and commercial landlord and tenant matters.
In this presentation, Alex explains when a party can use a public law defence in possession
proceedings.

He then outlines the grounds for such arguments, from illegality to procedural
impropriety. He refers to relevant case law throughout.

Key words/topics:

Possession proceedings
Public law defences
Housing Associations Act 1985
Public bodies
Human Rights Act 1998
Registered social landlords
R (on the application of Weaver) v London and Quadrant Housing Trust (Equality and Human
Rights Commission intervening) [2009] All ER (D) 179 (Jun)
a non-secure LA tenant (eg in temporary accommodation)
A demoted LA tenant
An introductory tenant
A family intervention tenant
An assured short-hold tenant
An assured tenant subject to a claim under ground 8
A service occupier of a public authority
A trespasser
Illegality
Irrationality
Procedural impropriety
Legitimate expectation
Article 8 ECHR

Manchester City Council v Pinnock [2010] All ER (D) 42 (Nov)
Article 14 ECHR

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