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The County Court had no power to grant an interim injunction without statutory provision. No power existed either to order the Local Authority to provide accommodation to a homelessness applicant pending a decision on the review. Held: Parliament appropriately vested a discretion in the local authority to decide whether or not to house an applicant … Continue reading Ali v Westminster City Council; Nairne v Camden London Borough Council: CA 24 Jul 1998
Ability of right to buy owners to challenge the reasonableness of covenants to pay service charges was challengeable before completions in county court, but after completion only by application to the Secretary of State. Citations: Gazette 17-Jun-1998, Times 22-Jun-1998, [1998] EWCA Civ 881, [1998] 1 WLR 1591, (1999) 31 HLR 331, [1998] 3 All ER … Continue reading Sheffield City Council v Jackson and others: CA 17 Jun 1998
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the controls. There was no evidence of this having been done for payment. … Continue reading Birmingham City Council v Qasim and Others: CA 20 Oct 2009
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
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 … Continue reading Guy Rogers v London Borough of Islington: CA 30 Jul 1999
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
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
Unlawful eviction can be ‘other disaster’ giving priority need for housing. Citations: Times 06-Feb-1995 Statutes: Housing Act 1985 59 Housing Updated: 09 April 2022; Ref: scu.86204
The fact that the accommodation found to be available to the applicant for housing was in Bangladesh did not make it unavailable in law. The subsections must be read separately. Accommodation could be available to the applicant even though she could not afford to travel to it. The power of the County Court to hear … Continue reading Begum (Nipa) v Tower Hamlets London Borough Council: CA 1 Nov 1999
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index