The claimant had obtained an order for possession against the defendant for her repeated anti-social behaviour. The court granted in addition to the possession order an injunction restraining the defendant from coming near the premises for a further five years. Held: The jurisdiction to make such an injunction lasted only as long as did the … Continue reading Medina Housing Association v Case: CA 16 Dec 2002
The defendants appealed convictions for fraud. It was alleged they had made multiple and false claims for housing and other benefits. Some evidence was admitted which should only have been admitted on the basis of it being similar fact evidence. Although the section would require no question to be put as to the defendant’s character, … Continue reading Regina v Kokogho and Kokogho: CACD 31 Jul 1996
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994
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The claimants succeeded in their applications for asylum, and then applied for housing assistance. They now appealed refusal of such assistance. The issue was how the authority had treated their medical evidence in the review process. Mrs Shala was receiving treatment for depression. Held: The appeal succeeded. Housing authorities should be careful not to hide … Continue reading Shala and Another v Birmingham City Council: CA 27 Jun 2007
The applicant lived in a caravan. It disappeared without trace, and he claimed emergency housing under the section. Was housing required as a result of an emergency flood fire or disaster? Held: There was in fact no explanation available for the loss, and it was not proper to require the applicant to provide one. Nevertheless, … Continue reading Higgs v Brighton and Hove City Council: CA 30 Jun 2003
Citations: [2005] EWCA Civ 602 Links: Bailii Statutes: Housing Act 1996 189(1) Jurisdiction: England and Wales Housing Updated: 20 August 2022; Ref: scu.225051
The applicant, a recovering drug addict sought assistance as a homeless person in priority need. He said that he was subject to a risk of relapse. Held: The council had correctly applied the tests set out in Pereira and Osmani. They had been entitled to consider that he was not vulnerable within the section. Judges: … Continue reading Simms v London Borough of Islington: CA 16 Oct 2008
The claimant had applied for emergency housing, saying that he had suffered a deep vein thrombosis, and was vulnerable under the 1996 Act. The authority said that its finding that the VT would not put him at additional risk if homeless, was one of fact against which no appeal lay. The authority now appealing said … Continue reading London Borough of Wandsworth v Allison: CA 15 Apr 2008
The court considered the duties of a local authority to provide housing where a a court made a shared residence order. Held: The making of an order for shared residence between a mother and father living apart was not itself determinative to give the father a right to be rehoused through the need to care … Continue reading Holmes-Moorhouse v London Borough of Richmond-Upon-Thames: CA 10 Oct 2007
(Outer House) Lord Glennie pointed out that anyone who is homeless is also vulnerable, and accordingly it follows that section 189(1)(c) must contemplate homeless people who would be more vulnerable than many others in the same position (especially given the words ‘or other special reason’ which show that vulnerability arising from many causes is covered). … Continue reading Morgan v Stirling Council: SCS 10 Oct 2006
The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been identified in the decisions, but they had not been given opportunity themselves to make representations about the decisions. Held: … Continue reading Hall v London Borough of Wandsworth: CA 17 Dec 2004
The claimant sought emergency rehousing saying that he was a vulnerable person within section 189. The court at first instance had overturned the rejection of his claim by the authority. Held: The test set out in the statute was to be followed strictly. It asked whether, if he was left homeless he would be less … Continue reading Griffin v Westminster City Council: CA 28 Jan 2004
The applicant and his seventeen year old wife became homeless. They claimed housing assistance on the ground that the wife was a dependant child. Held: The authority succeeded. Though persons aged between 16 and 18 in full time education could, under the rules, be treated as dependent children according to the circumstances, the priority under … Continue reading London Borough of Hackney v Ekinci: CA 24 May 2001
Gage LJ placed emphasis on the assumption that ‘the ordinary homeless person’ was a notional homeless person based on the particular authority’s experience. Judges: Gage LJ Citations: [2005] HLR 21, [2004] EWCA Civ 1775 Statutes: Housing Act 1996 189 Jurisdiction: England and Wales Housing Updated: 11 May 2022; Ref: scu.566003
Appeals as to decisions refusing urgent need homelessness assessments. Judges: Lewison, Beatson, Sweeney LJJ Citations: [2017] EWCA Civ 1624 Links: Bailii Statutes: Housing Act 1996 189(1)(c) Jurisdiction: England and Wales Housing Updated: 31 March 2022; Ref: scu.597405
Sedley J said that , there would be a real risk that ‘a sick and vulnerable individual (and I do not use the word ‘vulnerable’ in its statutory sense) is going to be put out on the streets’, which he described as a ‘reproach to a society that considers itself to be civilised’. Sedley J … Continue reading Regina v London Borough of Hammersmith and Fulham ex parte Fleck: Admn 18 Aug 1997
Mr Kanu, aged 48, had physical problems, including back pain, hepatitis B, hypertension and haemorrhoids, as well as psychotic symptoms and suicidal ideation. His wife assisted him in taking the necessary drugs, but stress would raise his hypertension to ‘quite dangerous levels’, requiring an increase in the dose of the relevant drugs. An order for … Continue reading Kanu v The London Borough of Southwark: CA 29 Jul 2014
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
The claimant sought judicial review of decisions made as to his entitlement to housing for homelessness. It had referred him to a private lettings agency, and under its policy ceased to enquire further as to his homelessness. The claimant said that the council was in effect seeking to evade its responsibilities. Judges: Stadlen J Citations: … Continue reading RAW, Regina (on The Application of) v London Borough of Lambeth: Admn 12 Mar 2010
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
The court examined ‘a short but important point on the inter-relationship between the provisions of Part III of the Children Act 1989, headed ‘Local Authority Support for Children and Families’, and the homelessness provisions of Part VII of the Housing Act 1996, in particular sections 188 and 189, headed ‘Interim duty to accommodate”. Judges: Walll … Continue reading M, Regina (on the Application of) v Hammersmith and Fulham: CA 5 Jul 2006
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
The court was asked ‘If a former secure tenant of a dwelling-house who has become a ‘tolerated trespasser’ in it decides to cease to occupy it, does his liability to pay mesne profits to his former landlord in respect of the dwelling-house cease when he gives up possession of it or does it continue until, … Continue reading Jones v London Borough of Merton: CA 16 Jun 2008
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been … Continue reading Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally suggested a loan, but then changed. Disagreements persisted after completion. Held: There was insufficient agreement to constitute … Continue reading Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997
The local authority issued a noise nuisance abatement notice. By the time the matter came to the court, the nuisance had been abated. Held: The background situation justifying the issue of a nuisance abatement notice was to be assessed at the date at which it was issued, and not at the later date of a … Continue reading Surrey Free Inns Plc v Gosport Borough Council: Admn 28 Jan 1998
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the respondents as owners of the rockface and wall and simply required them to … Continue reading Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson: Admn 31 Oct 1997
The respondent had obtained registration of land, Bachelors’ Acre, a grassed area of land in New Windsor, now used as a car park in the register of town and village greens under the Act as a customary green. It had been used for archery in mediaeval times and had later been leased for grazing subject … Continue reading New Windsor Corporation v Mellor: CA 1975
Claim to recover money and property said to have been transferred by the claimant to the defendants or one or more of them. The money concerned came from a bank account belonging to the claimant. The property concerned consisted of two dwelling-houses, one which the claimant had inherited from her parents, and in which she … Continue reading Scott v Bridge and Others: ChD 25 Nov 2020
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
The applicant was an alcoholic and had in 1980 been hit by a motor vehicle and suffered a severe head injury. He sought judicial review of the respondent’s failure to house him. Held: The appeal was allowed: ‘The question we have to consider is whether or not the applicant is vulnerable and secondly whether the … Continue reading Regina v Waveney City Council, ex parte Bowers: CA 25 May 1982
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Central London County Court – appeal by W under s. 204 of the Housing Act 1996 against the decision on review by the respondent local housing authority (‘Haringey’), upholding an earlier decision that he was not within a category of persons who are in ‘a priority need for accommodation’, as specified in s. 189(1) of … Continue reading W v London Borough of Haringey: Misc 17 Feb 2016
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had inevitably carried the traffic from the bulletin boards to their own customers. Held: The claims were struck … Continue reading Bunt v Tilley and others: QBD 10 Mar 2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
Appeal against an order dismissing the appellant’s appeal against the review decision of the respondent local housing authority.Underhill LJ discussed statistical evidence on a section 202 review in relation to an applicant who was said to be a suicide risk if he was made homeless: ‘[E]ven if it is right, as seems plausible enough even … Continue reading Ajilore v London Borough of Hackney: CA 8 Oct 2014
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
Appeal against finding that the claimant was not homeless because there was accommodation available for her. Arden, Sullivan, Davis LJJ [2013] EWCA Civ 1579 Bailii Housing Act 1996 202 England and Wales Housing Updated: 27 November 2021; Ref: scu.518986
The Council appealed against a decision allowing the appeal of the respondent under the 1996 Act against its review decision which had upheld its original decision that Mr Balog was intentionally homeless within the meaning of s.191 of the 1996 Act. Sullivan, Kitchin, Briggs LJJ [2013] EWCA Civ 1582 Bailii Housing Act 1996 191 204 … Continue reading Birmingham City Council v Balog: CA 12 Dec 2013
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful. Held: The company was a subsidiary of the Council, and the Teckal exception clearly applied because of the Council’s control: ‘the focus must be on the nature of the arrangements between the … Continue reading Tachie and Others v Welwyn Hatfield Borough Council: QBD 13 Dec 2013
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority instead to arrange for him to be accommodated … Continue reading G, Regina (on the Application of) v London Borough Of Southwark: HL 20 May 2009
Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act. Held: (Lord Hodge and Lord Toulson dissenting) The appeal was allowed. The natural … Continue reading David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014
Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999
The court was asked whether, when assessing an applicant’s ‘priority need for accommodation’ under section 189(1)(c) Housing Act 1996 (that is, whether the applicant is ‘vulnerable’ by reason of old age, mental illness or handicap or physical . .
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The court was asked whether the appellant has a priority need for homelessness accommodation on the basis that he is vulnerable within the meaning of section 189(1)(c) of the Housing Act 1996. . .
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
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