swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Housing - From: 1999 To: 1999
This page lists 79 cases, and was prepared on 27 May 2018.
Marzari v Italy; ECHR 1999 - (1999) 28 EHRR CD 175
Curtis v London Rent Assessment Committee [1999] QB 92
1999
CA
Auld LJ
Housing
The Court of Appeal was itself able to remit the case back direct to the rent assessment committee for a new determination of the rent, exercising the power of the court below: "If ... McCullough J 's rulings on the substantive issue are wrong or are such as possibly to mislead a new committee into repeating the errors of the present committee, the judge's order has not given the landlord all that he wants and to which he is entitled and the Court of Appeal can do something about it... It can exercise ... the power of the court below to remit the matter for rehearing and determination ... in accordance with the correct opinion of the court."
1 Citers
Oakley v Birmingham City Council; QBD 8-Jan-1999 - Times, 08 January 1999
Regina v Warrington Borough Council ex parte Philip Roy Bryant [1999] EWHC Admin 22
13 Jan 1999
Admn
Housing
[ Bailii ]
Johnson v London and Quadrant Housing Trust [1999] EWCA Civ 557
13 Jan 1999
CA
Housing
[ Bailii ]
Leeds City Council v Harte [1999] EWCA Civ 568
14 Jan 1999
CA
Housing
The applicant sought leave to appeal against an order for possession of a house held under a secure tenancy of the respondent.
Housing Act 1985
[ Bailii ]
Secretary of State for Environment, Transport and Regions v Jennings and Another [1999] EWCA Civ 599
18 Jan 1999
CA
Housing
[ Bailii ]
Verbeeten; Verbeeten and Shucksmith (Trustees of the Windmill Retirement Benefit Scheme) v McGregor-Read [1999] EWCA Civ 597
18 Jan 1999
CA
Housing
[ Bailii ]
Abbott v Bayley [1999] EWCA Civ 619
20 Jan 1999
CA
Housing, Landlord and Tenant
Appeal against award of damages for breach by landlord of covenant for quiet enjoyment and under the 1988 Act. Held: The landlord's appeal failed. "There is no fixed point at which it can be said that breaches of the covenant of quiet enjoyment become so serious as to constitute qualifying conduct for the purposes of s 27. Provided only and always that each of the specified preconditions of liability are found satisfied, then necessarily the claim for statutory damages succeeds. "
Housing Act 1988 27
1 Cites
[ Bailii ]
Mehta v Royal Bank of Scotland Plc and others; QBD 25-Jan-1999 - Times, 25 January 1999; (2000) 32 HLR 45
Mayor and Burgesses of London Borough of Southwark v Gertrude Beegun and Basil Neville [1999] EWCA Civ 652
25 Jan 1999
CA
Litigation Practice, Housing
[ Bailii ]
Donald Kemmings Winnifred Kemmings v Sandwell Metropolitan Borough Council [1999] EWCA Civ 671
28 Jan 1999
CA
Housing
Failure to repair.
1 Citers
[ Bailii ]
Kemmings and Kemmings v Sandwell Metropolitan Borough Council; CA 28-Jan-1999 - [1999] EWCA Civ 670
Regina v Brighton and Hove Council ex parte Ramon Nacion (2) [1999] EWCA Civ 688; (1999) 31 HLR 1095
1 Feb 1999
CA
Housing
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment. Held: The section gave the authority a wide discretion which should be respected. The authority had acted lawfully.
Housing Act 1996 202(30
1 Cites
1 Citers
[ Bailii ]
Regina v London Borough of Enfield Housing Benefit Review Board ex parte Constantinos Gavriel [1999] EWHC Admin 129
12 Feb 1999
Admn
Housing, Benefits
[ Bailii ]
Larkos v Cyprus; ECHR 18-Feb-1999 - 29515/95; (1999) 30 EHRR 597; [1999] ECHR 11
Kevan Christopher Stafford v Charnwood Borough Council [1999] EWCA Civ 830
19 Feb 1999
CA
Housing
Houses in Multiple Ownership.
[ Bailii ]
Regina v Macclesfield Borough Council Housing Benefit Review Board ex parte Temsamani [1999] EWHC Admin 168
24 Feb 1999
Admn
Benefits, Housing
[ Bailii ]
Regina v Bristol City Council ex parte Sandra Everett Times, 09 March 1999; Gazette, 31 March 1999; Gazette, 10 March 1999; [1999] EWCA Civ 869
26 Feb 1999
CA
Housing, Nuisance
A steep staircase in a house which might lead to an accident was not because of that fact a statutory nuisance. It was not directly prejudicial to health as required by the Act for liability.
Environmental Protection Act 1990 Part III
1 Cites
1 Citers
[ Bailii ]
London Borough of Brent v Sheku E Fofana [1999] EWCA Civ 872
1 Mar 1999
CA
Beldam LJ, Roch LJ
Housing
Appeal against tenancy possession order.
[ Bailii ]
Nova Iris Small and Cadogan Estate : Nova Iris Small and Laurence Murphy (a Firm) : Right Honourable Charles Gerald John Earl Cadogan and Nova Iris Small [1999] EWCA Civ 899
4 Mar 1999
CA
Housing
[ Bailii ]
Mayor and Burgesses of London Borough of Lewisham v Dharam Prakash Gopee [1999] EWCA Civ 967
12 Mar 1999
CA
Housing
Appeal against award of damages to local authority after executing works of repair at domestic proprty.
Building Act 1984 59
[ Bailii ]
Network Housing Association v Raisa Fradkina [1999] EWCA Civ 998
16 Mar 1999
CA
Housing
[ Bailii ]
Purssord v O'Sullivan and O'Sullivan [1999] EWCA Civ 993
16 Mar 1999
CA
Housing, Landlord and Tenant
[ Bailii ]
Ex parte Motion Spath Holme Limited; Admn 16-Mar-1999 - [1999] EWHC Admin 229
Ex Parte Nacion Gazette, 17 March 1999
17 Mar 1999
CA
Judicial Review, Housing, Local Government
It was appropriate to apply to judicially review a failure by a local authority to consider exercising its discretion to support a housing applicant pending an appeal, but not where the authority considered but rejected the opportunity to exercise its discretion.
Regina v Hastings Borough Council Housing Benefit Review Board ex parte Donald Lawrie [1999] EWHC Admin 275
30 Mar 1999
Admn
Benefits, Housing
[ Bailii ]
Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim Times, 20 April 1999; [1999] EWHC Admin 285; (1999) 2 CCLR 340
31 Mar 1999
Admn
Housing, Immigration
A local authority's duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules.
National Assistance Act 1948 21(1)
1 Citers
[ Bailii ]
Regina v Royal Borough of Kensington and Chelsea (ex parte Muriqi Kujtim) [1999] EWCA Civ 1153; (1999) 2 CCLR 340; [1999] 4 All ER 161
31 Mar 1999
CA
Potter L
Housing, Children
In this case a person had been assessed by the local authority under section 47 as being a person in urgent need of care and attention which was not otherwise available to him, so that he satisfied the criteria laid down in section 21(1)(a). He claimed that, following that assessment, the local authority had to meet these needs by providing accommodation until, upon a reassessment, it was decided that his needs had changed. Held: The argument succeeded. The contrary argument, that this was no more than a "target" duty in the sense of the label used in R v Inner London Education Authority, Ex p Ali in relation to the Education Act 1944, was rejected: "Once a local authority has assessed an applicant's needs as satisfying the criteria laid down in section 21(1)(a), the local authority is under a duty to provide accommodation on a continuing basis so long as the need of the applicant remains as originally assessed, and if, for whatever reason, the accommodation, once provided, is withdrawn or otherwise becomes unavailable to the applicant, then (subject to any negative assessment of the applicant's needs) the local authority has a continuing duty to provide further accommodation."
National Assistance Act 1948 21(1)(a) - National Health Service and Community Care Act 1990 47
1 Cites
1 Citers
[ Bailii ]
Edwards v Manchester City Council [1999] EWCA Civ 1222
21 Apr 1999
CA
Housing
Housing Act 1996 204(1)
[ Bailii ]
Sharon Ann Lord and Catherine Elizabeth Haslewood-Ogram v Michael Norman Jessop [1999] EWCA Civ 1228
21 Apr 1999
CA
Landlord and Tenant, Housing
The defendant appealed an award of damages for breach of a covenant for quiet enjoyment. He said there had been a licence only. Held: The defendant was not to be allowed to admit fresh evidence on appeal. Appeal dismissed.
1 Cites
[ Bailii ]
Regina v Mansfield District Council ex parte Ashfield Nominees Limited [1999] EWCA Civ 1271
27 Apr 1999
CA
Housing
Hosuing Act 1985 189 190
[ Bailii ]
Haringey London Borough Council v Jowett; QBD 27-Apr-1999 - Times, 20 May 1999; [1999] EWHC Admin 365; [1999] 32 HLR 308
Regina v London Borough of Lambeth ex parte Uddin [1999] EWHC Admin 399
5 May 1999
Admn
Housing
1 Citers
[ Bailii ]
Regina v London Borough of Tower Hamlets ex parte Uddin [1999] EWHC Admin 400; (2000) 32 HLR 391
5 May 1999
Admn
Housing, Local Government
1 Citers
[ Bailii ]
In the Matter of Thakrar [1999] EWHC Admin 404
6 May 1999
Admn
Turner J
Housing
The claimant sought judicial review of a decision to refuse his application for a grant under the 1989 Act.
Local Government and Housing Grant Act 1989
[ Bailii ]
Drew-Morgan v Hamid-Zadeh [1999] EWCA Civ 1402; [1999] 2 EGLR 13
13 May 1999
CA
Judge, May LJJ
Housing, Landlord and Tenant
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent. Held: A notice which was invalid for the purposes for which it was sent might still fulfil some other function. The landlord's notice was sufficient. The court should then have considered as regards the claim of late payment of rent whether it was reasonable to make an order for possesson, the tenant being, by virtue of a late payment now in credit. There was no reason to interfere with what was an exercise of discretion by the judge. Appeal dismissed.
Landlord and Tenant Act 1987 48(1) - Housing Act 1988 7(4)
1 Cites
[ Bailii ]
Lisa O'Toole v Knowsley Metropolitan Borough Council [1999] EWHC Admin 451
18 May 1999
Admn
Dyson J
Nuisance, Housing
The respondent appealed by way of case stated a finding that a house was in the condition of being a statutory nuisance. They said that no evidence had been brought with regard to the health of the occupants or of any potential threat to health. Held: The evidence of the officers was capable of supporting a finding as to the threat to health.
Environmental Protection Act 1990 82
1 Cites
[ Bailii ]
O'Toole v Knowlsey Metropolitan Borough Council Times, 21 May 1999; Gazette, 03 June 1999
21 May 1999
CA
Housing, Nuisance
Where there was expert evidence about the condition of premises, but no evidence directly suggesting a threat to the health of the tenant, the magistrates could nonetheless find that the premises were in a condition prejudicial to health, and should follow the evidence available.
Environmental Protection Act 1990 79(1)(a)
Regina v London Borough of Merton, ex parte Sembi; Admn 25-May-1999 - Times, 09 June 1999; [1999] EWHC Admin 496
Clickex Ltd v Jonathan McCann; CA 26-May-1999 - Times, 26 May 1999; Gazette, 26 May 1999; [1999] EWCA Civ 1416; [1999] 2 EGLR 63; (1999) 32 HLR 6324
Regina v Newham London Borough Council, Ex Parte Trendgrove Properties Ltd; QBD 3-Jun-1999 - Gazette, 03 June 1999
Cadogan Estates Ltd v McMahon Times, 01 June 1999; Gazette, 03 June 1999; Gazette, 09 June 1999; [1999] EWCA Civ 1470
9 Jun 1999
CA
Stuart-Smith and Laws L.JJ. and Jonathan Parker J.)
Landlord and Tenant, Housing, Insolvency
A provision in a tenancy agreement that the tenancy would cease upon the bankruptcy of the tenant, continued and became part of the terms of a statutory tenancy following the contractual one. The provision was not inconsistent with the idea of the statutory tenancy, and the term was implied into the statutory tenancy.
Rent Act 1977 98(1)
1 Citers
[ Bailii ]
Franco Menichetti v Beverley Daley [1999] EWCA Civ 1606
17 Jun 1999
CA
Housing
[ Bailii ]
Josephine Gay v John Sheeran, London Borough of Enfield Times, 30 June 1999; Gazette, 28 July 1999; [1999] EWCA Civ 1621
18 Jun 1999
CA
Family, Housing
The ability for a court to order the transfer of a secure tenancy between partners under the Act depended upon the court first making an occupation order in favour of the party from whom the tenancy was to be transferred, but the order could be made on the same occasion. To make an occupation order the tenant had to be entitled to it at the date of the application and the hearing. The Act required also that for a transfer to be made, the applicant had to have one of the rights specified. The applicant did not have such a right, and a transfer could not be ordered.
Family Law Act 1996 36
1 Cites
1 Citers
[ Bailii ]
Quigley v Liverpool Housing Trust [1999] EWHC Admin 593
24 Jun 1999
Admn
Housing
The claimant appealed against rejection of her claim that the house of which she was tenant was in such a condition as to be prejudicial to health.
Environmental Protection Act 1990 82
[ Bailii ]
Bruton v London and Quadrant Housing Trust; HL 24-Jun-1999 - Gazette, 14 July 1999; Times, 25 June 1999; Gazette, 21 July 1999; [1999] 3 All ER 481; [2000] 1 AC 406; [1999] UKHL 26; [1999] 2 EGLR 59; [1999] 3 WLR 150; [1999] EG 90; [1999] L & TR 469; (1999) 31 HLR 902; [1999] NPC 73; [1999] 30 EG 91; (1999) 78 P & CR D21
Warsame and Warsame v London Borough of Hounslow Gazette, 14 July 1999; Times, 21 July 1999; [1999] EWCA Civ 1691; [2000] 1 WLR 969
25 Jun 1999
CA
Chadwick LJ
Housing
The appellants refused the authority's offer of accommodation under Part VI of the 1996 Act, saying it was not suitable. After the authority had informed them that if they did not accept the offer, the authority's duty to house them would cease, requested a review under section 202(1)(b) of the authority's decision that its duty to house the appellants had ceased. The review panel upheld the authority's decision. The County Court dismissed his appeal finding no jurisdiction to entertain it because there was no provision in section 202 to request a review of the suitability of the accommodation offered under Part VI. Held. The tenant's appeal succeeded. The judge not given due weight to the width of section 202(1)(b). Section 202(1)(b) is directed to the question whether a duty arises The result of the review was that the local authority was confirming a decision that there was no longer any duty owed to the appellants under section 193, or otherwise under Part VII of the Act. A county court was given jurisdiction by the Act to hear an appeal against a determination by the local authority that it had satisfied its obligation toward an applicant for housing under the homelessness provisions and had no further obligation to assist. The process had two stages, the request for a review by the authority itself, and then an appeal to the County Court.
Housing Act 1996 204 202(1)
1 Citers
[ Bailii ]
Michael Quinlan v Asif Amann [1999] EWCA Civ 1701
28 Jun 1999
CA
Housing
Appeal against possession order.
[ Bailii ]
Manchester City Council v Worthington [1999] EWCA Civ 1713
29 Jun 1999
CA
Crime, Housing
Application for committal for breach of housing ASBO.
[ Bailii ]
Network Housing Association v Raisa Fradkina [1999] EWCA Civ 1801
9 Jul 1999
CA
Housing
[ Bailii ]
Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim (2) Gazette, 11 August 1999; Times, 05 August 1999; [1999] EWCA Civ 1804
9 Jul 1999
CA
Housing
Having provided accommodation after assessing the applicant as being in urgent need of housing, the authority's duties to the applicant were discharged, either by the refusal of reasonable offers of accommodation, or having been accommodated, if the applicant was then evicted for violent refusal to comply with reasonable requirements for the occupation of that accommodation.
National Health Service and Community Care Act 1990 47(1)(b)
[ Bailii ]
London Borough of Southwark v Sarfo [1999] EWCA Civ 1880
19 Jul 1999
CA
Roch LJ
Housing
The tenant sought to set aside a warrant for possession after it had been executed. Held: The tenant would have succeeded in setting aside the execution of the possession warrant but for her delay in applying to the court and the fact that by then the premises had been demolished. The basis of her case was described as "maladministration", "... the enforcement of the execution of this warrant was a use of an order made by the county court in a way which was manifestly unfair."
1 Citers
[ Bailii ]
Application for Permission; Bibi [1999] EWHC Admin 711
20 Jul 1999
Admn
Tucker J
Housing, Local Government, Children
Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989.
Children Act 1989 20
[ Bailii ]
Gwynedd County Council v Bridget Karen Grunshaw [1999] EWCA Civ 1928
22 Jul 1999
CA
Housing
Housing Act 1985 265
[ Bailii ]
David Heffernan v London Borough of Hackney [1999] EWCA Civ 1923
22 Jul 1999
CA
Housing, Benefits
1 Cites
[ Bailii ]
Trendgrove Properties Limited v Deeks [1999] EWCA Civ 1955
23 Jul 1999
CA
Housing
Renewed application for permission to appeal - possession - suitable alternative accomodation.
[ Bailii ]
Mayor and Burgesses of London Borough of Enfield v D B (a Minor) (By her Litigation Friend, the Official Solicitor of the Supreme Court) and W B [1999] EWCA Civ 1982
27 Jul 1999
CA
Contempt of Court, Housing
[ Bailii ]
North British Housing Association Ltd v Sheridan; CA 29-Jul-1999 - [1999] EWCA Civ 2021
Guy Rogers v London Borough of Islington Gazette, 08 September 1999; Times, 30 August 1999; [1999] EWCA Civ 2046; [1999] 3 EGLR 17; (1999) 32 HLR 138
30 Jul 1999
CA
Housing
A house had ten bedrooms. One was retained by the owner for use some two months a year, the other nine were let to people in their twenties who had just completed their further education and were embarking on careers in the professions or banking and who on average stayed for two years. Held: The ruse of calling the letting of a house a residential club was ineffective to prevent the house becoming a house in multiple occupancy. The need for statutory control for safety reasons was overwhelming. Multiple occupancy is not capable of full definition, but one test was whether a relationship existed between those living in the house which brought them together.
Housing Act 1985 Part XI
1 Cites
1 Citers
[ Bailii ]
Regina v Mayor and Burgesses of London Borough of Lambeth ex parte Carmen Lee Shakes and Linda and John Touhey [1999] EWHC Admin 784
5 Aug 1999
Admn
Housing
Housing Act 1985
[ Bailii ]
Edith Cray-Tyler Jean Valerie Jones v Michael Christian (Aka Bernard) [1999] EWCA Civ 2069
5 Aug 1999
CA
Housing
The tenant sought leave to appeal out of time against an order for possession for arrears of rent. Held: The judge had heard the evidence. This was an issue of fact and there was insufficient to suggest that he may have been mistaken to justify any further hearing.
[ Bailii ]
Laimond Properties Limited and Christina Raeuchle [1999] EWCA Civ 2092
18 Aug 1999
CA
Sedley LJ
Housing
Application for leave to appeal granted.
1 Cites
1 Citers
[ Bailii ]
Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O'Byrne; Admn 20-Aug-1999 - Times, 12 November 1999; [1999] EWHC Admin 811
Enfield London Borough Council v B (A Minor) and Another Times, 02 September 1999; [2000] 1 WLR 2259
2 Sep 1999
CA
Housing
In order to grant an injunction under the section, a person sought to be protected had to have some real nexus or connection with the residential premises involved. A connection with the area in general was insufficient. A milkman visiting residential premises might be protected, but a housing officer working in the area had no sufficient connection.
Housing Act 1996 152(1)(a)
1 Citers
Regina v Newham London Borough Counci, ex parte Begum and Another; QBD 11-Oct-1999 - Times, 11 October 1999
Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council; HL 21-Oct-1999 - Times, 22 October 1999; Gazette, 10 November 1999; Gazette, 03 November 1999; [1999] 4 All ER 449; [2001] 1 AC 1; [1999] UKHL 40; [1999] 3 WLR 939; [1999] 3 EGLR 35; [2000] 32 HLR 148; [1999] 45 EG 179; (2000) 79 P & CR D13; [1999] EGCS 122; [2000] Env LR 112; [1999] NPC 123; [2000] L & TR 159; [2000] BLGR 138
Fitzpatrick v Sterling Housing Association Ltd; HL 28-Oct-1999 - Times, 02 November 1999; Gazette, 10 November 1999; [1999] 3 WLR 1113; [2001] 1 AC 27; [1999] UKHL 42; [1999] 4 All ER 705
Begum (Nipa) v Tower Hamlets London Borough Council; CA 1-Nov-1999 - Gazette, 17 November 1999; Times, 09 November 1999; [2000] 1 WLR 306; [1999] EWCA Civ 3051; [2000] COD 31; (2000) 32 HLR 445
Rogers v Lambeth London Borough Council Times, 10 November 1999; Gazette, 25 November 1999; (1999) 32 HLR 361
10 Nov 1999
CA
Landlord and Tenant, Housing
A local authority landlord had obtained a possession order against the tenant, for arrears of rent, but allowed the tenant to continue in possession, and eventually agreed to the order for possession being revoked. At that time the tenant became a statutory tenant, and was deemed to have been so for the intervening period. The tenant then had standing to claim damages for the landlords failure to repair in that period.
Housing Act 1985 20
1 Citers
Demetri v Westminster City Council; CA 12-Nov-1999 - Times, 12 November 1999; Gazette, 25 November 1999; [2000] 1 WLR 772
Regina v Bristol City Council, Ex Parte Jacobs Times, 16 November 1999
16 Nov 1999
QBD
Benefits, Housing
The payment of water rates was not part of the obligation of a local authority paying housing benefit paid by the tenant to the water supplier. Water rates were not paid by her 'in respect of, or in consequence of, use and occupation of the dwelling' At common law a person in occupation of land under such terms would themselves be expected to contribute financially. The words must be read restrictively, and benefit was not payable.
Housing Benefit (General) Regulations 1987 No 1971 10 (1) (d)
Tadema Holdings Ltd v Ferguson Times, 25 November 1999; Gazette, 08 December 1999
25 Nov 1999
CA
Landlord and Tenant, Housing
A notice to increase rent could properly be served on a tenant even though he lacked mental capacity. Service of a notice must retain its natural meaning. A notice could properly be given where the landlord was named, and his address given 'c/o the agent' provided that address gave sufficient opportunity to contact the landlord.
Housing Act 1988 ,13(2) - Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 No 194
Dayani v London Borough of Bromley Gazette, 25 November 1999; 1996 ORB 1077
25 Nov 1999
TCC
Landlord and Tenant, Housing
A local authority tenant of properties sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed period, even though the statute and cases were extremely old. Held: Interpretation of statutes given relatively soon after the inception of a statute and relied upon over centuries should be set aside only with caution. After a very extensive review of ancient statute and case law, the court noted that a tenant for life and a tenant for years were liable in damages for permissive waste for about 600 years from 1267. A tenant for years can be liable for permissive waste.
Statute of Marborough 1267 - Statute of Gloucester 1278 - Statute of Westminster 1285 c.14
1 Cites
Regina v Sacupima and Others, Ex Parte Newham London Borough Council Times, 12 January 2000; [1999] EWHC 274 (QB); [2000] COD 133; (2001) 33 HLR 1
26 Nov 1999
QBD
Housing
A local authority decide to provide temporary accommodation for homeless applicants outside its area in assorted seaside towns, pending a final decision on their cases. This general policy was unlawful, since the authority had failed to consider properly the individual circumstances of the individuals involved. Many were on benefits, and had for example children being educated within the borough. The effect of the policy was to make any return to the borough impossible.
Housing Act 1996 188
1 Citers
[ Bailii ]
Field and Another v Leeds City Council Times, 18 January 2000; Gazette, 03 February 2000; (2000) 17 EG 165; [1999] EWCA Civ 3013; [1999] CPLR 833
8 Dec 1999
CA
Lord Woolf MR, Waller LJ, May LJ
Litigation Practice, Housing, Evidence
The parties were involved in a dispute as to repairs on a tenanted property. The court had ordered an independent surveyor's report. The claimant objected to the use by the defendant of an employee for this purpose, and was involved in their claims investigation department. Held: The judge's decision to exclude the evidence at an interim hearing when the impartiality had not been demonstrated. However, the court could not properly have rejected evidence from such a party without seeing a report prepared by him. He would otherwise have been qualified to report. The fact that a proposed epert witness was an employee of a party need not always debar him from acting. He needed to demonstrate that he was properly qualified, and that he understood that he first duty was to the court and not to his employer or the party calling him.
Waller LJ said: "The question whether someone should be able to give expert evidence should depend on whether, (i) it can be demonstrated whether that person has relevant expertise in an area in issue in the case; and (ii) that it can be demonstrated that he or she is aware of their primary duty to the court if they give expert evidence. "
Environmental Protection Act 1990 82
1 Citers
[ Bailii ]
Uratemp Ventures Ltd v Collins, Same v Carell Times, 10 December 1999; Gazette, 07 January 2000
10 Dec 1999
CA
Housing, Landlord and Tenant
The presence of cooking facilities is an essential element in deciding whether premises could constitute a dwelling. Accordingly, a room in a hotel without such facilities could not be subject to an assured tenancy. A room with cooking facilities and access to a bathroom could be a dwelling, but the sharing of cooking facilities denied exclusive possession. Changes in circumstances did not operate to remove the necessity for cooking facilities to constitute a dwelling.
Housing Act 1988 1(1)
1 Citers
Regina v Westminster London Borough Council ex parte Al-Khorsan; QBD 14-Dec-1999 - Times, 21 January 2000; [1999] EWHC 835 (Admin); (2001) 33 HLR 6
Jones v Waveney District Council; CA 17-Dec-1999 - Times, 22 December 1999; Gazette, 17 December 1999
