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Local authority entitled to cease payments where dwelling failed to comply with statutory rental standards
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High Court, in judicial review proceedings brought by tenants of property in respect of which a county council has ceased making housing assistance payments to a landlord on foot of a statutory scheme due to a deterioration in the condition of property seeking declaratory and mandamus reliefs in respect of the council's cessation of the payments, refuses the reliefs sought, on the grounds that: (1) the legislative scheme enables the ceasing of payments despite no 'prohibition notice' being served, and the dwelling failed to comply with statutory rental standards; (2) ceasing of such payments was permissible by virtue of a contractual agreement between the landlord and the council; and (3) it is unclear if relief by way of mandamus requiring the landlord to rectify the property's defects would have the desired effect given the history of non-compliance by the landlord.
Judicial review - housing assistance payment - landlord's agreement with county council regarding statutory payment scheme - home inspection - defects threatening continued payment to tenants - significant deterioration of property over time - tenants remain in property - legislative regime underpinning housing assistance payments - prohibition notice - enforcement of standards for all rental properties - whether cessation of payment can take place without issue of a 'prohibition notice' - reliefs sought - declaration that notice served on applicants to move out of property is in breach of natural and constitutional justice and ultra vires the council's powers under legislation - declaration that council's decision to cease making payments is in breach of natural and constitutional justice and ultra vires the council's powers under legislation - mandamus requiring council to take appropriate steps against owner of property - prohibition notice not sent - whether a contractual relationship between council and landlord permits ceasing of payments - statutory interpretation - failure to issue prohibition notice does not in and of itself govern the cessation of payments - no obligation to serve an improvement notice where there is a failure to comply with rental standards - contract between landlord and council - contractual ability to cease payments for non-compliance with property/building standards - scheme application form governs ongoing payments - entitlement to cease payments having regard to terms of application form - mandamus directing executive action only granted in very limited circumstances - council not legally obliged to issue prohibtion or improvement notices - no legal wrong on council's part in failing to issue notices - no legal entitlement to mandamus - discretionary nature of relief in judicial review
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