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R (on the application of (1) ANTHONY MCINTYRE (2) ELAINE MCINTYRE) v GENTOO GROUP LTD

The requirement under an assured tenancy agreement that a registered social landlord could not unreasonably withhold its consent in deciding whether its tenants could exchange homes with each other involved a contractual relationship that possessed a public law dimension, and judicial review of the landlord's decision was refused where private law remedies were available and had not been used.

19 January 2010

The claimant assured tenants (M) applied for judicial review of the decision of the defendant registered social landlord (G) that they could exchange homes with another of G's assured tenants only on the condition that the first claimant first paid what he owed in respect of rent arrears at a further dwelling owned by G. M had been living together in local authority housing, apart from a period when the first claimant had lived separately at another local authority property, where he had incurred the rent arrears. The properties were later bought as part of a stock transfer by G. M applied for consent to exchange the relevant tenancies as stated. The tenancy agreement provided that amongst other conditions, G could not unreasonably withhold permission for exchange. G stated that its consent to the exchange was conditional on the first claimant paying his debt, and that it was entirely reasonable to require him to pay the monies. M claimed for judicial review and that G's decision co...

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