Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998
The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association. Held: A Local Authority had no power to guarantee a loan to an unregistered housing association. Section 111(1) of the 1972 Act could not be … Continue reading London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough of Sutton v Morgan Grenfell and Co Ltd Wellesley Housing Association Ltd: CA 24 Oct 1996
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The defendant had been allowed into the property under the homelessness legislation. The authority now sought possession. They said he had a licence only, but he claimed to have a secure tenancy. Held: The authority had made a mistake, and the defedant was a secure tenant. The letter offering him the property, and his receipt … Continue reading Eastleigh Borough Council v Walsh: HL 28 Mar 1985
The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000
The claimant (defending proceedings for possession by the local authority) had lived with the deceased secure tenant in a lesbian relationship for some years and was so living at the date of her death. She sought to defend her occupation saying she qualified as a spouse of the deceased. Held: The defence failed: ‘I agree … Continue reading Harrogate Borough Council v Simpson: CA 1985
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
The claimant sought to have transferred to her, her father’s agency for the wholesale distribution of Sunday newspapers. The claimant alleging sex discrimination after being refused. The company said that she was not an employee within the 1975 Act. . .
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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
No specific form required for Local Authority reasons for finding intentional homelessness. Citations: Ind Summary 23-Oct-1995 Statutes: Housing Act 1985 64(4) Jurisdiction: England and Wales Housing Updated: 20 December 2022; Ref: scu.85799
The court was asked whether a local authority can lawfully bind itself by contract to subject the exercise of its statutory power to vary its tenancy agreements by notice to the approval of tenants’ representatives. Held: The local authority could not fetter its right in that way. The authority had a statutory power of management … Continue reading Kilby, Regina (on the Application of) v Basildon District Council: CA 22 May 2007
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
Citations: [2003] EWCA Civ 679 Links: Bailii Statutes: Housing Act 1985 Part XI Jurisdiction: England and Wales Housing Updated: 20 November 2022; Ref: scu.182331
A tenat’s right to buy property should not effect the assessed fair rent on review. Citations: Times 09-Aug-1996 Statutes: Housing Act 1985 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 31 October 2022; Ref: scu.79958
An applicant was properly deemed to be intentionally homeless when he had lost his former house through his own fraudulent acts. Citations: Times 11-May-1993 Statutes: Housing Act 1985 60(1) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88379
The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: ‘It is a creature of statute and is sui generis; if … Continue reading City of Bradford Metropolitan Council v McMahon and McMahon: CA 21 Apr 1993
A covenant to pay a service charge imposed on any purchasing tenants was valid. Citations: Gazette 23-Mar-1994 Statutes: Housing Act 1985 Part V Jurisdiction: England and Wales Land, Landlord and Tenant Updated: 26 October 2022; Ref: scu.79575
A local authority may not rely for homelessness application on information on transfer. Citations: Times 02-May-1994 Statutes: Housing Act 1985 58 Jurisdiction: England and Wales Housing Updated: 21 October 2022; Ref: scu.87997
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
The council appealed against refusal of possession orders against their tenant. Judges: Mummery, Etherton, Patten LJJ Citations: [2011] EWCA Civ 1450 Links: Bailii Statutes: Housing Act 1985 79(1) Jurisdiction: England and Wales Housing Updated: 29 September 2022; Ref: scu.449756
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
The claimants were residents of care homes. The homes were owned by charitable companies providing housing and support for persons with mental disorders. The company’s had altered the agreements so that the claimants became assured tenants. The claimants appealed the refusal of the respondents to de-register the homes. Held: The appeals were dismissed. The crucial … Continue reading Moore and others v Care Standards Tribunal and Another: CA 24 May 2005
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010
A headmaster’s occupation of a house in the school was not ‘for the better performance of his duties’, and so was not a tied house, and so he had the right to buy it. A term could not be implied into his contract to require him to occupy the house. Citations: Ind Summary 06-Dec-1993, Gazette … Continue reading Hughes and Another v Greenwich London Borough Council: HL 26 Oct 1993
Citations: [2019] EWCA Civ 1331 Links: Bailii Statutes: Housing Act 1985 89 Jurisdiction: England and Wales Housing Updated: 19 July 2022; Ref: scu.639791
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
The claimant challenged the Act as being an unlawful discrimination. Held: The 1985 Act in allowing only one succession to a secure tenancy found a proper balance between the needs of the tenant’s family and the duty of a local housing authority to manage its housing stock in the interests of the locality and of … Continue reading Regina (Gangera) v London Borough of Hounslow: Admn 2003
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Application for leave to appeal against possession order. Whether tenancy was secure. Judges: Lloyd LJ Citations: [2006] EWCA Civ 1054 Links: Bailii Statutes: Housing Act 1985 79 Jurisdiction: England and Wales Housing Updated: 07 July 2022; Ref: scu.244478
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was such an enforcement. Held: Where the terms of suspension were expressed so as to indicate that … Continue reading Harlow District Council v Hall: CA 28 Feb 2006
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 claimant landlord sought possession after long years of non-payment of rent. The secure tenant said that the landlord had entirely failed in its repairing obligations, and that the sums of rent had been expended on those repairs. Judges: Thorpe LJ Citations: [2001] EWCA Civ 295 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and … Continue reading London Fire and Civil Defence Authority v Ahktar: CA 14 Feb 2001
The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession. Held: Parliament had given wide discretion to the courts to find a balance between the need for local authorities to recover possession where their tenants were in breach, and the … Continue reading Dunn v Bradford Metropolitan District Council etc: CA 31 Jul 2002
The tenant served his notice under section 122 in 1999. The authority did not admit the claim as required by section 124 within four weeks, but tried ultimately by sending a letter which the tenant never received, to resolve its doubts as to whether the claim was being genuinely made by him rather than by … Continue reading Hanoman v Southwark London Borough Council: ChD 22 Jun 2004
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 County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make … Continue reading Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999
A change in housing law is not retrospective so as to allow a local authority to re-assess an asylum seeker as not being in need of emergency housing. Once the decision had been made, it was improper to re-open it and give notice to existing tenants. Citations: Gazette 12-Nov-1997, Times 17-Nov-1997 Statutes: Housing Act 1985 … Continue reading Regina v Hackney London Borough Council Ex Parte K: CA 12 Nov 1997
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
One tenant left the other in a flat subject to a protected secure tenancy. The legislation prohibited assignment of such tenancies. In order to support an application by the remaining tenant the departing tenant executed a deed purporting to release her interest in the tenancy. Held: Arcane notions of the ownership of the entire property … Continue reading Burton v London Borough of Camden: HL 27 Jan 2000
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation. Held: The contention that a lack of adequate sound insulation can cause premises to be in such … Continue reading Vella v London Borough of Lambeth: Admn 14 Nov 2005
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
The system of acquiring a statutory tenancy by succession creates statutory rights which need not be limited by normal and other considerations. A minor is capable in law of acquiring such despite not being of legal age to be a tenant though equitable. Citations: Times 07-Dec-1998, Gazette 13-Jan-1999 Statutes: Housing Act 1985 87 Jurisdiction: England … Continue reading Kingston Upon Thames Borough Council v Prince and An: CA 7 Dec 1998
A right of appeal against a Housing authority’s decision lay only against the original decision itself after a review, and the notice of appeal was to be given with 21 days of the original review. A council in its discretion can decide to reconsider or review a review decision formerly given under s.202(1). This was … Continue reading Demetri v Westminster City Council: CA 12 Nov 1999
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
A minor could succeed to a secure tenancy under the 1985 Act. Hale J said: ‘A minor can hold an equitable tenancy of any property, including a council house.’ quoting the Law commission which said: ‘Moreover the statutory provisions do not restrict a minor’s ability to acquire an equitable interest in land: there is nothing … Continue reading Kingston upon Thames Royal Borough Council v Prince: 1993
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared. Held: It was … Continue reading Parkins v City of Westminster: CA 20 Nov 1997
A person claiming a tenancy by succession by virtue of their occupation of the property with a deceased tenant for a period of 12 months, did not need that 12 months to have immediately preceded the death. Citations: Gazette 22-Jul-1992 Statutes: Housing Act 1985 79 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 28 … Continue reading Waltham Forest London Borough Council v Thomas: HL 22 Jul 1992
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
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
A service charge clause in lease was valid notwithstanding right-to-buy provisions. Citations: Times 03-Jun-1993 Statutes: Housing Act 1985 Jurisdiction: England and Wales Landlord and Tenant Updated: 08 April 2022; Ref: scu.79574
A dwelling subtenant of part of premises comprised in a business lease became a secure tenant on the surrender of the mesne tenancy. Section 79 of the 1985 Act had ambulatory effect.Waite LJ said: ‘The use of the term ‘at any time’ in section 79(1) shows that the section is to have ambulatory effect. Occupiers, … Continue reading Basingstoke and Deane Borough Council v Paice: CA 3 Apr 1995
The association as licensee of a local authority granted what was described as a licence to the defendant to occupy premises on a temporary basis. They sought possession. Held: A tenancy had been granted. As to the argument that there were sepcial circumstances: ‘The argument which we have heard suggests to me that, whatever their … Continue reading Family Association v Jones: CA 1990
The tenant had a five year flexible tenancy. The landlord sought to terminate the tenancy for antisocial behaviour. She responded that the agreement included no express provision for re-entry or forfeiture. The Council landlord now appealed a finding that it did not have the right of re-entry. Held: The Council’s appeal succeeded in part. Citations: … Continue reading Croydon London Borough Council v Kalonga: SC 9 Mar 2022
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in … Continue reading O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages. Held: The defendant was bound ‘sic uit suo ut non laedat alienum’. ‘The defendants, treating them as the owners … Continue reading Rylands v Fletcher: HL 1868
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
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
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
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
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply … Continue reading Rochdale Borough Council v Dixon: CA 20 Oct 2011
The trial judge had dismissed a claim for rectification on the basis that the defendant hoped and suspected, but did not know, of the relevant mistake by the plaintiff. Held: Rectification was ordered because the defendant had sought to mislead the plaintiff into making the relevant mistake, the plaintiff had in fact made it, and … Continue reading Commission for the New Towns v Cooper (Great Britain) Ltd, (Formerly Coopind UK Ltd): CA 4 Mar 1995
The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live in the house paying rent and sums from the arrears until he died in … Continue reading Austin v Mayor and Burgesses of The London Borough of Southwark: SC 23 Jun 2010
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982
The Council had granted a weekly secure tenancy of the premises to the appellant. The Court considered the calculation of damages awarded for an unlawful eviction of a residential tenant. Held: Section 28(1)(a) requires the basis of the valuation to be that Mr Loveridge ‘continues’ following the eviction to have ‘the same right’ to occupy … Continue reading Loveridge v London Borough of Lambeth: SC 3 Dec 2014
The local authority submitted first that a person making a second application for emergency housing had to demonstrate a change of circumstance which might lead to a second application being successful and second that it was for the local authority to decide whether that test has to be satisfied. The applicant could not point to … Continue reading Regina v Harrow London Borough Council Ex Parte Fahia: HL 16 Sep 1998
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his negligent survey of a property. The plaintiff sought damages for distress, and the cost of … Continue reading Watts and Co v Morrow: CA 30 Jul 1991
P in possession – tenancy at will Until Completion A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down. Held: The tenant’s appeal failed. It was inferred in the absence of any other … Continue reading Javad v Aqil: CA 15 May 1990
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 authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
The applicant was headmaster of a boarding school. The contract of employment did not require him to occupy the house, but a new house was built for the headmaster and he moved into it. It was not necessary for him to occupy the house for his . .
The applicant applied to have quashed the decision of the local council to exclude him from trading in the market and to revoke his right to have a stall.
Held: He succeeded on the grounds that the decision had been taken in breach of the . .
The Council had taken leases of properties from a Housing Association to provide accomodation to the homeless, satisfying its statutory duties. The tenant B was said to be a non-secure tenant, but the tenancy agreement did not reflect the terms of . .
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