The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
An unlawful eviction did not of itself constitute an emergency giving the applicant ‘priority need’ for housing. The event that results in the homelessness of the person claiming a priority need must have the characteristics of being ‘an emergency’ and ‘a disaster’. The omission of the word ‘any’ before the words ‘other disaster’ in the … Continue reading Regina v Bristol County Court Ex Parte Bradic: CA 1 Sep 1995
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 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 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
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 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
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
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
The claimant had succeeded in his claim for damages against the council following their failure to comply with their obligations of repair under the 1985 Act. The council appealed an award of pounds 1,500 for chattels damaged by the damp. Held: ‘I, for my part, would think it perfectly absurd in a case like this … Continue reading Stanbury v Mayor and Burgesses of London Borough of Lambeth: CA 5 Dec 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. 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
In the context of an application to condemn a property as unfit for human habitation, the court was asked to consider ‘whether the County Court judge should adopt what he called ‘a commonsense, lay, factual approach’ in cases of this sort, or whether such cases depend upon technical issues which the judge decides in accordance … Continue reading Dover District Council v Sherred and Another: CA 5 Feb 1997
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
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
A child, en ventre sa mere, is not a sufficiently separate person to be someone to whom consideration could given for its own housing needs. Citations: Times 03-Feb-1995 Statutes: Housing Act 1985 75 Jurisdiction: England and Wales Housing Updated: 27 October 2022; Ref: scu.163310
A Local Authority’s failure to operate its Housing Act duties correctly gave no right to a private law claim for damages Citations: Times 01-Aug-1995, Independent 09-Aug-1995 Statutes: Housing Act 1985, Supreme Court Act 1981 31(4) Jurisdiction: England and Wales Housing, Local Government Updated: 27 October 2022; Ref: scu.87463
A statutory tenancy was not a lease and the court had no jurisdiction to vary its terms. Citations: Ind Summary 15-Aug-1994 Statutes: Housing Act 1985 317 621 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 26 October 2022; Ref: scu.82553
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
(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 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
Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such offer. Having rejected it as unsuitable, she was given notice to quit the temporary accomodation. She then … Continue reading Regina (on the application of) Awua v Brent London Borough Council: HL 6 Jul 1995
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 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 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
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
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 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
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
Local Authority may re-house in private sector on an assured shorthold tenancy which was expected to be renewed under normal circumstances. Citations: Independent 30-Mar-1995, Times 12-Apr-1995 Statutes: Housing Act 1985 65(2) Jurisdiction: England and Wales Housing, Local Government Updated: 24 July 2022; Ref: scu.88242
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
An unborn child is a sufficient ‘person’ to be someone who might reside with an applicant wanting to be housed. Citations: Independent 15-Sep-1994, Times 29-Jul-1994 Statutes: Housing Act 1985 75 Jurisdiction: England and Wales Housing Updated: 21 July 2022; Ref: scu.87430
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 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 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
Application for judicial review, challenging a decision of the local authority which found the applicant to be intentionally homeless, and raising in an acute from the sufficiency of the reasons for that decision within section 64(4) of the Housing Act 1985. Citations: [1994] EWHC 8 (Admin) Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and … Continue reading Hinds, Regina (on The Application of) v London Borough of Islington: Admn 15 Jul 1994
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
LT Service Charges – Procedure – Landlord and Tenant Act 1985 s.20(4) – Failure to serve copy of estimates – fees part of cost of qualifying work but not required to be included in estimate. Citations: [2006] EWLands LRX – 10 – 2005 Links: Bailii Statutes: Landlord and Tenant Act 1985 20(4) Landlord and Tenant … Continue reading Richmond Housing Partnership v Smith and Another: LT 23 Jan 2006
The officer had entered a fair rent for a caravan. The site owner sought the vacation of the entry. The caravan was fully mobile, but was also connected to mains water and electric and sewage. The connections were easily removed, and the caravan was from time to time moved. Held: Whether a caravan counted as … Continue reading Regina v Rent Officer of Nottinghamshire Registration Area, ex parte Allen: 1985
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become secure tenants, having been allowed to continue in possession after breach of the terms of the … Continue reading London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 2005
Appeal by local authority against refusal of order for possession of property subject to a secure tenancy. Citations: [2005] EWCA Civ 639 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 30 June 2022; Ref: scu.226150
LT COMPENSATION – compulsory purchase – abandoned house in dilapidated condition – untraceable owner – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;60,000 Citations: [2005] EWLands ACQ – 96 – 2002 Links: Bailii Statutes: Housing Act 1985 17, Land Compensation Act 1961 Land Updated: … Continue reading Garrod v London Borough of Newham: LT 20 Apr 2005
The landlord had obtained a possession order, but the tenant continued in occupation as a tolerated trespasser, claiming entitlement as successors in title. Rent arrears had accrued, but even if the tenant had paid thenm the council would have sought possession. Held: The use of the word ‘rent’ in a letter from Newham was insufficient … Continue reading London Borough of Newham v Hawkins and others: CA 22 Apr 2005
Neuberger LJ said: ‘ I turn to the text of the letter of 25 January 2002. It referred to the Council ‘making a reasonable and suitable offer of permanent accommodation’, but it made no reference to the opinion that it was or would be reasonable for the respondent to accept the accommodation On a fair … Continue reading Tower Hamlets v Begum (Rikha): CA 23 Mar 2005
The landlord sought possession of a flat on the grounds that there were arrears of rent, and that one of the tenants had used it for the sale of drugs. It now appealed a suspension of the order, saying that the unlawful user meant that suspension should be allowed only in exceptional circumstances. Held: The … Continue reading Stonebridge Housing Action Trust v Gabbidon and Another: ChD 21 Nov 2002
ECJ Article 3(1) covered the rights and obligations of the transferor arising from a contract of employment or an employment relationship existing on the date of the transfer and entered into with employees who, in order to carry out their duties, are assigned to the part of the undertaking or business transferredRotterdamsche . . claims … Continue reading Arie Botzen And Others v Rotterdamsche Droogdok Maatschappij Bv: ECJ 7 Feb 1985
A company owned subsidiary companies in the printing industry at Maidstone, Basildon and St Albans. Three employees worked for the group. The Maidstone business was transferred in a transfer to which the 1981 Regulations applied. The three employees who worked for the group were not on the list of those employees who were to be … Continue reading Duncan Webb Offset (Maidstone) Ltd v Cooper and Another: EAT 15 Jun 1995
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared correct. The leaseholder proceeded no further. In 1980 the law was clarified so as to indicate that … Continue reading Collin v Duke of Westminster: CA 1985
An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant. Citations: Gazette 01-Nov-1995, Times 20-Oct-1995, Independent 11-Oct-1995 Statutes: Housing Act 1985 65 Jurisdiction: England and Wales Citing: Appealed to – Regina … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia: QBD 11 Oct 1995
The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate level of damages. For the breach of landlord’s covenant to repair. Held: The court allowed the … Continue reading English Churches Housing Group v Shine: CA 7 Apr 2004
The pipes in a block of flats had been changed from 1.5 to 1 inch. This was all right for some 6 years until the water pressure of the supply to the building dropped. The issue was whether there was a breach of the s.11(1) covenant. The landlords appealed saying that the section imposed upon … Continue reading O’Connor and Others v Old Etonians Housing Association Ltd: CA 20 Feb 2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002
The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999
The claimant challenged a comment in a report of the respondent that his employment by a housing association was in breach of the rules. He cohabited with a partner in the firm of solicitors acting for the association. The relationship had been open, and he had disclosed the relationship when appropriate. The respondent said that … Continue reading Regina v Housing Corporation ex parte Rodgers: Admn 11 May 1999
The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon the basis of, the second notice the tenants took proceedings in the county … Continue reading Copping v Surrey County Council: QBD 2005
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The court considered the meaning of ‘adjoining occupiers’ The tenant suggested that the word ‘ adjoining’ should be read literally so that the premises must be contiguous in the sense of physically joining, or being co-terminous with the holding of the tenant whose conduct was complained of. It was submitted that adjoining did not mean … Continue reading Cobstone Investments Limited v Maxim: CA 1985
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CHI – 43UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.622948
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss 18 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 Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008
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 Bank’s application for planning permission was refused on the grounds that the development might prejudice the possible future widening of a road. The local authority could have prescribed a building line in accordance with a provision of the Highways Act, 1959, but in that event would have had to pay compensation for the injurious … Continue reading Westminster Bank Limited v The Minister for Housing and Local Government, Beverley Borough Council: HL 1971
The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided with accommodation in accordance with section 65(2) of the 1985 Act was … Continue reading Regina v Brent London Borough Council Ex Parte Awua: HL 6 Jul 1995
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
A possession warrant issued under a secure tenancy of a dwelling-house may not be set aside after its execution, unless the possession order itself was set aside for example as having been obtained by fraud. If a possession order has been made, there was no need to notify the tenant that the warrant was issued … Continue reading Hammersmith and Fulham London Borough Council v Hill: CA 25 Apr 1994
The defendant had purchased the property from the council under the right to buy scheme. He had been encouraged and supported in this by a third party company who had put together a scheme apparently intended to circumvent the requirement that the property be occupied for three years. The property was sold and the council … Continue reading Islington London Borough Council v Dornan: CA 4 Nov 2005
The House considered the position of a statutory tenant under the 1977 Act, when application was made under the 1967 Act. Citations: [1985] AC 828 Statutes: Matrimonial Homes Act 1967 Sch2 3(1), Rent Act 1977 Jurisdiction: England and Wales Cited by: Leave applied for – Gay v Sheeran, London Borough of Enfield CA 18-Jun-1999 The … Continue reading Lewis v Lewis: HL 1985
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
The defendant was employed by the local authority as a house-master at a school run by the plaintiff. He held a service licence of a furnished flat at the school expressed to be ‘for the better performance of his duties’. Later he married, and on his request was allowed to occupy a school house. Though … Continue reading Royal Philanthropic Society v County: CA 1985
The applicant and her child had been accepted to be in emergency housing need, and had been given temporary bedsit accomodation in a facility they owned and managed. She had a sink, cooker and fridge, and shared bathroom and toilet facilities and a communal sitting room. She had a licence only, and no tenancy. She … Continue reading Regina v East Hertfordshire District Council, Ex parte Hunt: 1985
The court considered a request to review a decision on unintentional homelessness under Part III of the Housing Act 1985. Held: Public confidence in the decision making process is enhanced by knowledge that supportable reasons are given and that the giving of reasons is a self-disciplining exercise Judges: Louis Blom-Cooper QC Citations: (1995) 27 HLR … Continue reading Regina v London Borough of Islington, ex parte Hinds: QBD 1995
Lessees asked the court for variation of the terms of their lease so as to permit further subdivision of the premises. The application failed in the county court. The landlord’s interests elsewhere might be affected if the application were granted, by leading to further applications of a similar kind; that the landlord’s objection to an … Continue reading Sarum Trust Ltd v Duke of Westminster: 1953
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down … Continue reading Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959
Once an applicant is deemed homeless by section 58, no later act can cause homelessness. Citations: Times 16-Feb-1995 Statutes: Housing Act 1985 58 Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.86977
It was intentional homelessness when a fiancee had not set up a house here before leaving a settled left home abroad to come here. Citations: Times 17-Feb-1995 Statutes: Housing Act 1985 60-1, 75 Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.86090
A damages claim was wrong after a housing offer withdrawn for the applicant having made a fraudulent application. Citations: Times 13-Nov-1995 Statutes: Housing Act 1985 64 Jurisdiction: England and Wales Housing, Local Government Updated: 28 April 2022; Ref: scu.86607
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
Northern : Landlord and Tenant Act 1985 – Section 20ZA Citations: [2014] UKFTT RP – MAN – 00BW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 27 April 2022; Ref: scu.629829
The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019
The House considered the concept of a spent planning consent. Held: This was a mineral operation and every shovelful dug amounted to another act of development. Therefore, although it had been begun, the planning permission was not spent and remained capable of implementation. A planning permission enures for the benefit of the relevant land and … Continue reading Pioneer Aggregates (UK) Limited v Secretary of State for the Environment: HL 1985
Aa npplication for housing by a Local Authority’s own tenant was treated as an application for a transfer. Citations: Times 28-Apr-1995 Statutes: Housing Act 1985 Part II Housing Updated: 09 April 2022; Ref: scu.87104
The applicant had sold her home and moved to Harrow with her four children, living with her sister. She became unintentionally homess and had priority need, applying to Harrow for accomodation. Harrow said that under their policy she retained her local connection with Camden, and refused assistance beyond referring her to Camden. Held: The applicant … Continue reading Regina v Harrow London Borough Council Ex Parte Carter: QBD 25 Nov 1992
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
A guarantee of loan to a non-registered housing association was ultra vires. Citations: Times 23-Mar-1995 Statutes: Local Government Act 1972 Jurisdiction: England and Wales Cited by: Appeal from – 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 … Continue reading Morgan Grenfell and Co Ltd v Sutton London Borough Council: QBD 23 Mar 1995
A possession order was properly made against a tenant for the misbehaviour of a family member. Citations: Times 15-Jul-1996, [1996] 29 HLR 507 Statutes: Housing Act 1985 Sch 2 Part 1 Jurisdiction: England and Wales Cited by: Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997 The local authority had obtained a possession … Continue reading Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996
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
A Local Authority had to consider all possible local connections before passing an applicant for housing under the Act to another other Local Authority for assistance. Citations: Times 30-Jan-1995, (1995) 27 HLR 492 Statutes: Housing Act 1985 61 Jurisdiction: England and Wales Cited by: Cited – Ozbek v Ispwich Borough Council CA 4-May-2006 The claimant … Continue reading Regina v Slough Borough Council Ex Parte Khan and Another: QBD 30 Jan 1995
An application under Paragraph 11 of Schedule 5 to the Housing Act 1985 in respect of determination as to whether a dwelling house is suitable for occupation Citations: [2015] UKFTT RP – BIR – 00CW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 01 April 2022; Ref: scu.626257
Challenge on public law grounds to making of possession order on basis of closure order having been made. Judges: Gross, Lewison, Flaux LJJ Citations: [2017] EWCA Civ 1476 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 30 March 2022; Ref: scu.595816
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The court was asked whether the arrangement between the parties amiunted to a Qualifying Long Term Agreement within section 20 ZA. N Strauss [2013] EWHC B10 (Ch) Bailii Landlord and Tenant Act 1985 19 20 20ZA England and Wales Landlord and Tenant Updated: 20 January 2022; Ref: scu.513531
UTLC LANDLORD AND TENANT – Service Charge – jurisdiction of FTT to hear application challenging the reasonableness of a service charge under sections 18, 19 and 27A(1) of the Landlord and Tenant Act 1985 when that had already been determined by the county court – applicability of section 27A(4)(c) of the Landlord and Tenant Act … Continue reading Cowling v Worcester Community Housing Ltd: UTLC 14 Sep 2015
ECHR Grand Chamber – Article 1 Jurisdiction of states Jurisdiction of Armenia as regards Nagorno-Karabakh and the adjacent occupied territories Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Denial of access to homes to Azerbaijani citizens displaced in the context of the Nagorno-Karabakh conflict: violation Article 13 Effective … Continue reading Chiragov And Others v Armenia: ECHR 16 Jun 2015
