This almost certainly means that the trust will be forced to repair Bruton's Brixton flat. But it could also mean that short life schemes generally will become financially unviable.
The dispute started four years ago when Bruton claimed that the trust had a duty to repair his flat. Hundreds of other short-life households are now expected to put in repair claims against L&Q and other housing associations that could cost the sector millions of pounds.
The decision overturns a Court of Appeal ruling. In their judgements the law lords said that the substance of the agreement between Bruton and L&Q made it a tenancy not a licence, even though the trust itself only held the flat on licence from Lambeth council.
The trust was ordered to pay nearly all the legal costs, believed to be up to £160,000.
Speaking to Housing Today Bruton said: "I'm going to push this and other claims against L&Q with all vigour, because it's the only way to get them to face up to their duties. If they had only taken their responsibilities seriously in the first place we could have avoided all this silliness."
L&Q south west Thames regional director Charlie Grimble said: "The decision will have significant consequences for a number of RSLs under similar circumstances. We will take any obligations placed on us arising from this very seriously, as should be expected from a registered social landlord with our excellent reputation."
National Housing Federation policy officer John Bryant said: "It will almost certainly mean that property that could and should have provided short-life housing where it is desperately needed will have to stand empty. What the House of Lords has done has taken away one crucial part of the short-life package."
Source
Housing Today
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