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
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 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
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
Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK. Held: The refusals of permission had not infringed the rights of the women and of their husbands to respect for … Continue reading Abdulaziz etc v The United Kingdom: ECHR 28 May 1985
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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
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
A body exercising a statutory duty must give reasons for their decisions. Citations: Times 06-Oct-1993 Statutes: Housing Act 1985 64 Housing Updated: 09 April 2022; Ref: scu.87113
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 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
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 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 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
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
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
The tenancy was granted as a protected tenancy under the 1977 Act. Before the grant L mentioned, but not in writing, that she might need the flat in the future for a member of her family. She now sought possession for a tenancy for her son. At first instance, the court found in her favour … Continue reading Fernandes v Pavardin: CA 1982
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 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
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 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
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
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
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 buyers agreed to purchase a property at auction, but having failed to complete they were served with a notice to complete. They challenged that notice saying there was an outstanding writ for possession against the property, and that ministerial consent had not been obtained for the sale. It was held that the claim for … Continue reading London Borough of Lambeth v Vincent and Others: ChD 16 Mar 2000
LANDLORD AND TENANT – service charges – right to buy c 5 year limitation on service charges – ‘straddling’ these charges – Housing Act 1985, ss 125 and 125A, Sch 6 para 16B – appeal dismissed Citations: [2012] UKUT 295 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 May 2022; Ref: … Continue reading London Borough of Havering v Smith: UTLC 21 Aug 2012
Held. A tenant who continued to stay in property after a possession order was granted, but who paid a sum equivalent to rent as it fell due, and something off the arrears, did not necessarily thereby become a tenant again, but could be viewed as a tolerated trespasser. That status might be compromised as against … Continue reading William Watson Stirling v Leadenhall Residential 2 Ltd: CA 29 Jun 2001
Where a housing authority had considered and dealt with the rehousing of a substantial family, a renewed application by an adult daughter could be refused. The refusal to accept accommodation by the mother was effective as an offer for the entire household, which included in this instance the applicant. The offer and effect of its … Continue reading Regina v Camden London Borough Council, Ex Parte Hersi: CA 11 Oct 2000
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
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
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
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
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010
A grant of an assured tenancy included a clause under which the rent would be increased from pounds 4,680, to pounds 25,000 per year. It was expected that the tenant would be reliant upon Housing Benefit to pay the rent, and that Housing Benefit would be insufficient. Held: The agreement to increase the rent was … Continue reading Bankway Properties Ltd v Penfold-Dunsford and Another: CA 24 Apr 2001
The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase the reversion, which did not proceed. Held: subject to the effect … Continue reading Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others: CA 4 Dec 2003
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
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 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 court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Surrender at Common Law Survives Human Rights Law The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, … Continue reading Sims v Dacorum Borough Council: SC 12 Nov 2014
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
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
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
Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a court order which required the applicant to leave the house, which … Continue reading McCann v The United Kingdom: ECHR 13 May 2008
Arden, Kitchin LJJ, Sir David Keene [2014] PTSR 444, [2013] EWCA Civ 641, [2013] WLR(D) 222 Bailii, WLRD Housing Act 1985 84 England and Wales Housing Updated: 31 October 2021; Ref: scu.510186
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