The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
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The defendant had purchased the property from the council under the right to buy scheme. He had been encouraged and supported in this by a third party company who had put together a scheme apparently intended to circumvent the requirement that the property be occupied for three years. The property was sold and the council … Continue reading Islington London Borough Council v Dornan: CA 4 Nov 2005
Ability of right to buy owners to challenge the reasonableness of covenants to pay service charges was challengeable before completions in county court, but after completion only by application to the Secretary of State. Citations: Gazette 17-Jun-1998, Times 22-Jun-1998, [1998] EWCA Civ 881, [1998] 1 WLR 1591, (1999) 31 HLR 331, [1998] 3 All ER … Continue reading Sheffield City Council v Jackson and others: CA 17 Jun 1998
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the controls. There was no evidence of this having been done for payment. … Continue reading Birmingham City Council v Qasim and Others: CA 20 Oct 2009
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
A child had been adopted in fact and lived with the tenant for many years, but had not been formally adopted under the Act claimed to inherit the tenancy on his death. Held: He was to be considered to be a member of the former tenant’s family living with him at his death within the … Continue reading Brock v Wollams: CA 1949
The tribunal could only consider an application to review the reasonableness a landlord’s service charge to the extent that it remained unpaid. Both the county court and the tribunal had jurisdiction to hear such claims, but the provisions for the tribunal required the charges to be ‘alleged to be payable’ and that could not be … Continue reading Regina v London Leasehold Valuation Tribunal, ex parte Daejan Properties Ltd: CA 12 Jul 2001
When considering whether a stautory succession was to take place, the question is whether the person was a member of the family, not whether he was living as a member of the family. Citations: (1987) 20 HLR 124 Statutes: Housing Act 1985 Cited by: Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999 Same … Continue reading Sefton Holdings Ltd v Cairns: 1987
A council should satisfy itself by making more enquiries about suggestions of domestic violence before transferring a claimant to another authority. The granting of leave to move for a judicial review does not preclude the respondent from objecting that the application has been made out of time. (Obiter) Judges: Evans LJ Citations: Times 20-Jul-1993, Times … Continue reading Regina v Greenwich London Borough Council, Ex Parte Patterson: QBD 27 May 1993
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999
[2010] EWCA Civ 559, [2010] 21 EG 90, [2010] HLR 37 Bailii Housing Act 1985 England and Wales Housing Updated: 22 November 2021; Ref: scu.415969
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