The appellant challenged a decision that the exercise of her right to buy had been withdrawn. She had insisted that the authority complete repairs before she bought the property. Held: A tenant who delayed exercise of the right-to-buy seeking to have the property repaired might lose that right. ‘Relevant outstanding matters’ referred to matters within … Continue reading Ryan v London Borough of Islington: CA 19 Jun 2009
‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which … Continue reading Phillps and Others v Francis and Another: QBD 24 Mar 2010
The court was asked whether the landlord could seek possession of a property granted under a five year flexible tenancy. There was no straightforward forfeiture clause. The landlord alleged rent arrears and anti-social behaviour. Held: Without a forfeiture clause in the lease, the lease could not be determined before its expiry. Judges: Tipples J Citations: … Continue reading Croydon London Borough Council v Kalonga: QBD 2 Jun 2020
Challenge to compulsory purchase order – authority under which orders made. Citations: [2007] EWHC 2625 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23(1), Housing Act 1985 Jurisdiction: England and Wales Land Updated: 05 December 2022; Ref: scu.261400
The court was asked as to the compatibility of the 2004 Regulations with the 1988 and 1985 Acts. Judges: Stanley Burnton J Citations: [2007] EWHC 2335 (Admin) Links: Bailii Statutes: Demoted Tenancies (Review of Decisions) (England) Regulations 2004, Housing Act 1985, Housing Act 1988 Jurisdiction: England and Wales Housing Updated: 04 December 2022; Ref: scu.259853
The landlord of a mixed commercial and private housing property, intending to carry out needed repairs, requested advance payment from the tenants to cover the costs. The tenants objected that a large part of the costs would be covered in due course by a third party under a constructor’s warranty. Held: The landlord’s appeal failed. … Continue reading Avon Ground Rents Ltd v Cowley and Others: CA 29 Oct 2019
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of incompatibility in respect of section 80. The Co-operative was fully mutual and … Continue reading Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015
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
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 OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The authority sought to apply the exception so as to deprive its tenant of security of possession. Held: In order to succeed in removing protection, the landlord authority had to establish each of the four statutory requirements. The scheme was intended to encourage private landlords, but in order to apply the scheme, there had to … Continue reading Hickey v London Borough of Haringey: CA 10 Apr 2006
The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright possession. Held: The council’s appeal succeeded. A possesion order was not to be made unless it was reasonable. … Continue reading Sandwell Metropolitan Borough Council v Hensley: CA 1 Nov 2007
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings. Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly … Continue reading Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003
The defendant tenant had been delayed for over five years by the claimant in buying his council house. He stopped paying rent in protest, and the council brought possession proceedings. He then paid his rent and continued in his counterclaim to require the lease. The parties differed as to whether a parking right was included. … Continue reading London Borough of Southwark v Dennett: CA 7 Nov 2007
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
Citations: [2013] EWHC 2169 (Ch), [2014] 1 WLR 920, [2013] L and TR 25, [2014] HLR 2, [2013] 30 EG 78, [2013] 3 EGLR 139 Links: Bailii Statutes: Landlord and Tenant Act 1985 19 Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.523726
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
UTLC COMPENSATION – compulsory purchase – absent and untraceable owners – house in state of disrepair – cost of repair and refurbishment – valuation – comparable transactions – relevance of price achieved by formal tender – Housing Act 1985 section 17 and Acquisition of Land Act 1981 – compensation determined at andpound;205,000 Citations: [2013] UKUT … Continue reading Stephenson and Another v East Riding of Yorkshire Council: UTLC 7 Feb 2013
The tenant, the claimant’s mother had surrendered the tenancy before her death. The claimant now said that she should have been allowed to succeed to the tenancy and that the possession order was disproportionate. Judges: Keith J Citations: [2013] EWHC 518 (QB) Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing, Human Rights … Continue reading Birmingham City Council v Beech and Another: QBD 15 Mar 2013
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
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 council challenged a decision as to their claim for possession of a ground floor flat where the court granted a possession order but suspended possession on terms that the Respondent (1) complied with his tenancy agreement and (2) obeyed the Injunction Order made on that date. The appeal is as to the correctness of … Continue reading Birmingham City Council v Ashton: CA 29 Nov 2012
The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s possession of the premises. Held: Such a clause was not consistent with a … Continue reading National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd: CA 18 Oct 2001
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. Citations: Times 14-Aug-1997, [1997] EWCA Civ 2255 Jurisdiction: England and Wales Citing: See Also – Bruton v London and Quadrant Housing Trust … Continue reading Bruton v London and Quadrant Housing Trust: CA 31 Jul 1997
The council had stopped paying rents on properties let by the claimants to the homeless, claiming first breaches of the leases. When later they were sued, they defendant by saying that since the properties had been let without the required statutory assessment of fair rents, the leases were void and no rents were due. The … Continue reading Charles Terence Estates Ltd v Cornwall Council: CA 13 Nov 2012
The claimant challenged a compulsory purchase order made against his property under the 1985 Act. Judges: Kenneth Parker J Citations: [2012] EWHC 2835 (Admin) Links: Bailii Statutes: Housing Act 1985 Land, Housing Updated: 05 November 2022; Ref: scu.464961
The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it. Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of the way in which I consider that this appeal should be determined, it would … Continue reading Copping v Surrey County Council: CA 21 Dec 2005
Citations: [1996] EWCA Civ 1080 Jurisdiction: England and Wales Citing: See Also – Bruton v London and Quadrant Housing Trust CA 31-Jul-1997 A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. … Continue reading Bruton v London and Quadrant Housing Trust: CA 3 Dec 1996
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
Citations: [2003] EWCA Civ 20 Links: Bailii Statutes: Housing Act 1985 S2G5 Jurisdiction: England and Wales Housing Updated: 31 October 2022; Ref: scu.181111
LT COMPENSATION – compulsory purchase – abandoned house in state of disrepair – untraceable owner – cost of repair and refurbishment – valuation – comparable transactions – Housing Act 1985 section 17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;185,000. Citations: [2008] EWLands ACQ – 304 – 2008 Links: Bailii Statutes: … Continue reading Clarke v London Borough of Newham: LT 25 Sep 2008
The applicant had set out to purchase a property, paying by instalments over several years. Part way through he secured a transfer of the property, and gave a charge to the lender. Later he defaulted on payments to the lender. In the meantime, a compulsory purchase order was made, and the question arose as to … Continue reading Farrell v First National Bank Plc: CA 26 Jun 2001
The court considered what was to happen when a person in overcrowded accommodation sought rehousing: ‘Part 10 of the 1985 Act concerns overcrowding. Its pivotal provision is section 327 which provides that, subject to some exceptions, the occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence. It is … Continue reading Elrify v City of Westminster Council: CA 23 Mar 2007
Dispute as to exercise of right to buy premises from local authority – when notice served. Judges: Sir Andrew Morritt C, Carnwat LJ, Moses LJ Citations: [2006] EWCA Civ 1366 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Local Government Updated: 20 October 2022; Ref: scu.249065
Sections 27A and 20C of The Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – LON – 00BG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.626881
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009
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 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 parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011
COMPENSATION – prohibition order – Housing Health and Safety Rating System Regulations – category 1 hazard – flat – crowding and space – section s584A Housing Act 1985 – S.5 Land Compensation Act 1961 – Rule 4 – whether use of flat (a) contrary to law (b) detrimental to health of the occupants – nil … Continue reading Haq v Eastbourne Borough Council: UTLC 10 Oct 2011
The appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence. Held: The court considered whether the appellants should instead have applied to have the judgments set aside. Judges: Moore-Bick, Gross LJJ Citations: [2011] EWCA Civ … Continue reading Williams and Another v Hinton and Another: CA 14 Oct 2011
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination. Held: In secure tenancies, the authority had to consider the reasonableness of making a possession order, and in situations where it was enforcing a possession … Continue reading Council of the City of Manchester v Romano, Samariz: CA 1 Jul 2004
When a landlord seeking possession of property subject to a statutory tenancy had failed to give the required written notice, the court could look to all the circumstances to decide whether that failure was to be forgiven and possession ordered. Citations: [1985] 17 HLR 260 Jurisdiction: England and Wales Citing: Minority preferred – Fernandes v … Continue reading Bradshaw v Baldwin-Wiseman: 1985
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
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011
Renewed application for permission to appeal from an order dismissing the claimant’s appeal from the notice served by the defendant, Nottingham City Council, as the local housing authority under section 352 of the Housing Act 1985. Citations: [2002] EWCA Civ 1356 Links: Bailii Jurisdiction: England and Wales Housing Updated: 02 September 2022; Ref: scu.217580
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss18 and 19 – Housing Act 1988 ss 13 and 14 – Assured non-shorthold periodic tenancy – whether the landlord’s ability (subject to any reference to a Rent Assessment Committee) to serve a yearly notice of increase of rent (which included … Continue reading Home Group Ltd v Lewis and others: LT 3 Jan 2008
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
UTLC LANDLORD AND TENANT – service charges – whether charges payable under leases within definition – whether amount payable might vary according to cost of providing services – held that charges were within definition – appeals dismissed – Landlord and Tenant Act 1985, s 18(1) Citations: [2010] UKUT 237 (LC), [2011] L and TR 7 … Continue reading Southern Housing Group Ltd and Another, Re Ada Lewis House and Princess of Wales Court: UTLC 15 Jul 2010
The claimant had been a foster son and was now the administrator of the estate of the deceased tenant. He sought to occupy the property as a successor under the 1985 Act. He said that as a former foster child, he had become a member of the deceased’s family and the 1985 should be read … Continue reading Sheffield City Council v Wall (Personal Representatives of) and Others: CA 30 Jul 2010
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
SERVICE CHARGES – scaffolding erected in connection with cyclical repairs – whether costs reasonably incurred – whether associated agent’s fees reasonable and reasonably incurred – Landlord and Tenant Act 1985 s19 – appeal allowed Citations: [2006] EWLands LRX – 60 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: 17 August 2022; Ref: scu.240453
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
The tenant occupied a maisonette under a secure tenancy of the plaintiff. She sought damages for breach of the repairing covenant implied under s11. Questions arose as to whether L should have told her not to dry clothes in a heated cupboard so as to cause damp, if she had whether the resulting damp was … Continue reading Southwark London Borough Council v McIntosh: ChD 2002
COMPENSATION – Closing Order – premises unfit for human habitation – diminution in value – compensation awarded nil. – Land Compensation Act 1961 and Housing Act 1985, s.584A. Citations: [2000] EWLands LCA – 146 – 2000 Links: Bailii Jurisdiction: England and Wales Land Updated: 16 August 2022; Ref: scu.225616
The tenant was a successor tenant with security, and sought to exercise his right to buy. The authority itself claimed possession saying that the property was too large. Held: The statute gave rise to competing claims.The tenant’s right to buy did not take automatic precedence over the authority’s right to possession. In this case the … Continue reading Basildon District Council v Wahlen: CA 28 Mar 2006
COMPENSATION – Compulsory acquisition of house in poor repair – failure of owner to respond to notices and offers – comparable values – price to be paid for freehold – Housing Act 1985 s.290 and Acquisition of Land Act 1981 – compensation pounds 30,000. Citations: [2000] EWLands ACQ – 91 – 2000 Links: Bailii Jurisdiction: … Continue reading Ghulam v Bristol City Council: LT 3 Nov 2000
COMPENSATION – compulsory purchase – house in dilapidated and uninhabitable condition – untraceable owner – valuation – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at pounds 260,000 Citations: [2006] EWLands ACQ – 14 – 2005 Links: Bailii Jurisdiction: England and Wales Land Updated: 14 August … Continue reading Hussain v London Borough of Newham: LT 15 Feb 2006
The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that original price. Held: The tenant’s appeal was … Continue reading Martin v Medina Housing Association Ltd: CA 31 Mar 2006
The authority complained that during the course of the trial, the judge had repeatedly intervened during oral evidence. Held: A judge must be careful not to repeatedly intervene during oral evidence as opposed to counsel making submissions. The risk was not whether a reasonable observer would see bias, but that the judge would have descended … Continue reading London Borough of Southwark v Kofi-Adu: CA 23 Mar 2006
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
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 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
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority. Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’.Lord Scarman said: ‘To sum it up, the levels of public expenditure and the incidence and distribution … Continue reading Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985
Griffiths LJ discussed the bringing of cases for possession under the summary procedure provided by Order 113: ‘There will obviously be cases in which, although proceedings are started by way of a summary procedure it quickly becomes apparent that a substantial issue has to be tried. If it was apparent to the applicant that a … Continue reading Henderson v Law: CA 1985
LT LANDLORD AND TENANT – service charge – lease granted pursuant to the right to buy provisions of the Housing Act 1985 – construction of lease – construction in the context of the admissible background including the terms of the landlord’s s.125 notice – whether landlord entitled to charge instalments towards future repairs and to … Continue reading Leicester City Council v Theo Master: LT 12 Dec 2008
Right to buy application time limit extended for delay by local authority in arranging repairs. Judges: Sir Anthony May P QBD, Arden, Jacon LJJ Citations: [2009] EWCA Civ 837 Links: Bailii Statutes: Housing Act 1985 140 Jurisdiction: England and Wales Housing Updated: 30 July 2022; Ref: scu.371878
A claim was made for a statutory succession to an assured tenancy. The judge had found that the appellant was occupying the flat at the time of the death of her father (the tenant) as her only home, but that she had not ‘resided with’ him throughout the previous year. This was so despite the … Continue reading Freeman v London Borough of Islington: CA 11 Jun 2009
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national law – Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations – Obligation … Continue reading Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004
Judges: Pill LJ, Sedley LJ, Longmore LJ Citations: [2008] EWCA Civ 196 Links: Bailii Statutes: Housing Act 1985 85(4) Jurisdiction: England and Wales Cited by: Appeal from – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008 The House considered situations where a secure or … Continue reading Porter v Shepherds Bush Housing Association: CA 19 Mar 2008
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act. Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts … Continue reading Doran v Liverpool City Council: CA 3 Mar 2009
LANDLORD AND TENANT – service charges – lease granted under Right to Buy legislation – improvement contributions – ascertainment of reference period – section 125 notices specifying reference periods notices under section 128(4) specifying later periods – construction of leases in light of these – Landlord and Tenant Act 1985 – appeals allowed Citations: [2006] … Continue reading Hyams and Another v Wilfred East Housing Co-Operative Ltd: LT 14 Nov 2006
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
LANDLORD AND TENANT – service charges – landlord’s covenant to repair structure and exterior of premises – whether external windows part of structure and exterior – held that they were – Landlord and Tenant Act 1985 s27A; Housing Act 1985 Sch 6 para 14(2). Citations: [2008] EWLands LRX – 146 – 2007 Links: Bailii Statutes: … Continue reading Sheffield City Council and Another v Oliver: LT 18 Aug 2008
Appeal against possession order in respect of tenant with security under the 1985 Act who had twice been convicted of growing cannabis at the house, and was in arrears of rent. Held: The council’s appeal against refusal of an order for summary possession. The Act gave the court the power to postpone an order for … Continue reading Wandsworth London Borough Council v Whibley: CA 14 Nov 2008
Citations: [2019] EWCA Civ 1331 Links: Bailii Statutes: Housing Act 1985 89 Jurisdiction: England and Wales Housing Updated: 19 July 2022; Ref: scu.639791
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
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
EAT TRANSFER OF UNDERTAKINGSThe principles and approach which a Tribunal should take where there has been a transfer of one service provider’s activities to two or more transferees, and there is disagreement as to whether an employee’s contract is now to be with the transferor or any of the transferees, considered. The Tribunal had decided … Continue reading Kimberley Group Housing Ltd v Hambley and others (UK) Ltd: EAT 25 Apr 2008
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 appellant challenged a finding that though she was named as joint tenant of the property with her mother, she had no beneficial interest in it. The property had formerly been a council house tenanted by the respondent and her late husband.Lord Neuberger of Abbotsbury said: ‘When it comes to assessing the contributions to the … Continue reading Laskar v Laskar: CA 7 Feb 2008
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 claimant was a council tenant with the right to buy her property. A possession order was made, but then discharged. Held: On the revival of the tenancy her right to buy and discount was also revived, and there was no need to serve a fresh notice. Judges: Lord Justice Pill, Lord Justice Keene and … Continue reading Honeygan-Green v London Borough of Islington: CA 22 Apr 2008
The Council appealed against declarations given that the respondent tenants (wildlife rangers) were entitled to purchase the freehold of their homes under right-to-buy. The Council said that the tenancies were occupied in connection with their employments. Held: Richards LJ said: the provision is to be construed as laying down two distinct conditions: first, that ‘his … Continue reading Wragg and others v Surrey County Council: CA 1 Feb 2008
Judges: Dyson LJ, Jacon LJ, Sir Anthony Clarke MR Citations: [2007] EWCA Civ 1126 Links: Bailii Statutes: Housing Act 1985 87 Jurisdiction: England and Wales Housing Updated: 12 July 2022; Ref: scu.260275
The applicant sought housing as a homeles person. Her present accommodation for herself, her husband and five children was so overcrowded that continued occupation was a criminal offence. She appealed a finding that it was reasonable to continue living there notwithstanding the continuing commission of the offence. Held: The appeal failed. The statutory guidance correctly … Continue reading Harouki v Royal Borough of Kensington and Chelsea: CA 17 Oct 2007
The court considered whether the determination of a secure tenancy by the granting of a possession order, brings to an end an existing application which has established the right to buy at a particular time and at a particular price, or whether such an application is capable of being revived once the tenancy itself has … Continue reading Islington London Borough Council v Honeygan-Green (Honeygan): QBD 25 May 2007
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
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord. Held: The tenant’s appeal was … Continue reading White v Knowsley Housing Trust and Another: CA 2 May 2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had relied on reports she had not seen. The authority … Continue reading Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007
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
Judges: Mummery LJ, Rix LJ, Peter Smith J Citations: [2006] EWCA Civ 815, [2006] 1 WLR 2641 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Cited by: Appeal from – Birmingham City Council v Walker HL 16-May-2007 The tenant was the son of the former tenant. The tenancy had originally been in the … Continue reading Walker v Birmingham City Council: CA 22 Jun 2006
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 occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The appellant had been fostered by the deceased, and on her death continued to live in her house held under a secure tenancy of the respondent. The council sought possession, saying that he was not a member of the deceased’s family within section 113, and that in any event he had not occupied the property … Continue reading Steven We Ping Wall v Sheffield City Council: CA 23 Mar 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 borough obtained a possession order of the secure tenancy of a flat occupied by their tenant for nuisance. It was suspended on terms for a certain period. They alleged further breaches shortly before the expiry of the possession order and they asked the period to be extended. The tenant did not appear at the … Continue reading Richmond v Kensington and Chelsea: CA 15 Feb 2006
