Rent arrears management practices in the housing association sector

that successful gateway (b) challenges are likely
to be rare and exceptional . 32
In Weaver, Ms Weaver claimed that the use of
Ground 8 by L&Q contravened her legitimate
expectation that they would not do so . That
expectation, it was claimed, was created by the
Housing Corporation’s Regulatory Circular on
eligibility and evictions (see Chapter 2) . Alternatively,
it was claimed on a similar basis that HAs use of
Ground 8 contravened her public law rights . Both
those strategies were unsuccessful (and this part of
the decision was not the subject of the appeal) . That
case has done little to dim the prospect of HRA/
judicial review defences to a Ground 8 claim for
possession . Indeed, possession cases have recently
been adjourned to enable the occupier to mount
defences based on different public law grounds . 33
18
1.3 The regulatory framework
for housing associations
Housing Corporation regulatory codes
and guidance
Notwithstanding the establishment of the Tenant
Services Authority (TSA) in 2008, HAs remain
subject to the Housing Corporation’s Regulatory
Code and its associated guidance and regulatory
circulars . Introduced in 2002, the Code was
amended in 2005 . 34 It states that associations must
be viable, properly governed and properly managed,
but makes no directions about the collection of
rent . However, the regulatory guidance does state
that “legal repossession of a property is sought as
a last resort” . 35 The Housing Corporation reiterated
this in the 2007 Residents’ Charter, which stated
that a landlord “must only take action to evict you
from your home as a last resort, when there is no
reasonable alternative” . 36 Circular 02-07 was issued
the same month in response to both the prevention
of homelessness strategy and anecdotal evidence
of the increase in the use of Ground 8
33 Personal correspondence with Professor Ian Loveland and Justin Bates of counsel; also I . Loveland, ‘Ground 8 and Article 8: A modest
success for the HRA’, (2009) June Legal Action 42 .
34 Housing Corporation (2005), The Regulatory Code and Guidance, London; Housing Corporation .
35 Housing Corporation (2005), op cit, 3 .5 .c .
36 Housing Corporation (2007a), A Charter for Housing Association Applicants and Residents, London: Housing Corporation, p . 11 .