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 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 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
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
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
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
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
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order described as ‘the current rent’. The wife defaulted on the terms … Continue reading Thompson v Elmbridge Borough Council: CA 1987
A minor can succeed to a statutory tenancy under the Rent Acts. A statutory tenancy is not an interest in land and a minor does have the capacity to contract for necessaries such as lodging. Citations: [1987] 6 CL 217 Cited by: Cited – Royal Borough of Kingston Upon Thames v Prince and Another CA … Continue reading Portman Registrars v Mohammed Latif: 1987
When considering whether a stautory succession was to take place, the question is whether the person was a member of the family, not whether he was living as a member of the family. Citations: (1987) 20 HLR 124 Statutes: Housing Act 1985 Cited by: Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999 Same … Continue reading Sefton Holdings Ltd v Cairns: 1987
The court considered whether a tenancy had ceased to be secure by reason of the tenant’s failure to continue to fulfil the condition set by section 81 of the Act of 1985, namely occupation of the property ‘as his only or principal home’. For about a year the secure tenant had gone to live with … Continue reading Crawley Borough Council v Sawyer: CA 1987
A consent order provided for a substantial payment to the tenant, who was claiming damages for failure to maintain the premises in good repair. The landlord now sought possession. Held: There was no implied admission that the landlord was entitled to possession under the section.Sir John Donaldson MR: ‘The question which then arises is whether … Continue reading Regina v Bloomsbury and Marylebone County Court, ex parte Blackburne: CA 1985
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
When a licence is really a tenancy The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted. Held: This was a tenancy not a licence. … Continue reading Street v Mountford: HL 6 Mar 1985
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
LT LANDLORD AND TENANT – service charges – whether gardening and internal cleaning costs reasonably incurred – additional 25% deduction by LVT – use of LVT’s own expertise as an expert tribunal – whether . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
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
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
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 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
The system of acquiring a statutory tenancy by succession creates statutory rights which need not be limited by normal and other considerations. A minor is capable in law of acquiring such despite not being of legal age to be a tenant though equitable. Citations: Times 07-Dec-1998, Gazette 13-Jan-1999 Statutes: Housing Act 1985 87 Jurisdiction: England … Continue reading Kingston Upon Thames Borough Council v Prince and An: CA 7 Dec 1998
The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at the grandmother’s property; at the expiry of the three months had … Continue reading Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996
The claimant’s parents were secure joint tenants. After her father left, the mother later died. The respondent served a notice on the father terminating the tenancy since as the survivor and not resident, he was not entitled to continue the tenancy. The claimant sought to succeed to the tenancy. The Court of Appeal allowed the … Continue reading Solihull Metropolitan Borough Council v Hickin: SC 25 Jul 2012
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002
The court considered the system for succession to a secure tenancy by the surviving partner of the deceased tenant and the condition attached as to having cohabited for two years before the death. . .
‘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 Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998
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
A right of occupation given by an almshouse under a charitable trust was an occupation under a licence without right of possession, not an assured tenancy. The plaintiff’s conditions of occupancy stated: ‘Residents are licensees and pay a contribution towards the cost of providing accommodation at the Court: residents are not tenants and do not … Continue reading Gray and others v Taylor: CA 2 Apr 1998
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
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 local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless. Citations: Independent 18-Aug-1993, Times 04-Aug-1993 Statutes: Housing Act 1985, Children Act 1989 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Northavon District Council ex parte Smith HL 18-Jul-1994 Local Authority is … Continue reading Regina v Northavon District Council, ex parte Smith: CA 4 Aug 1993
A local authority may not rely for homelessness application on information on transfer. Citations: Times 02-May-1994 Statutes: Housing Act 1985 58 Jurisdiction: England and Wales Housing Updated: 21 October 2022; Ref: scu.87997
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
(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
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 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
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
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
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
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
There was no cause of action for damages when a Housing Authority breaches duty. Citations: Times 16-Mar-1994 Statutes: Housing Act 1985 62 Jurisdiction: England and Wales Local Government Updated: 21 July 2022; Ref: scu.87473
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
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
The 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 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 authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority appealed. Held: The agreement had created a new tenancy even after a final possession … Continue reading Burrows v Brent London Borough Council: HL 31 Oct 1996
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
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
LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed Citations: [2004] EWLands LRX … Continue reading Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
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 defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations. Held: The general words of section 89 do not … Continue reading Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003
The defendant sought declaratory relief in relation to the ‘one succession rule’ set out in sections 87-88 of the Housing Act 1985. Judges: Justice Murray Citations: [2018] EWHC 2733 (QB) Links: Bailii Jurisdiction: England and Wales Housing Updated: 07 June 2022; Ref: scu.628222
The employer and main contractor had contracted under the JCT conditions. The employer had been obliged to insure the property for fire in their joint names, but had not done so. After a fire caused by the negligence of a sub-contractor, he sued. Held: The judge should have concluded that the effect of the contract … Continue reading Scottish and Newcastle plc v GD Construction (St Albans) Ltd: CA 22 Jan 2003
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession. Held: Parliament had given wide discretion to the courts to find a balance between the need for local authorities to recover possession where their tenants were in breach, and the … Continue reading Dunn v Bradford Metropolitan District Council etc: CA 31 Jul 2002
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997
There were three issues; (1) whether it was proper for the judge to have struck out disrepair proceedings when it could be seen that an application to discharge or rescind a suspended possession order would be likely to succeed (2) whether the secure tenancy revived automatically once it could be seen that the suspended possession … Continue reading Marshall v Bradford Metropolitan District Council: CA 27 Apr 2001
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 authority had taken possession proceedings against the secure tenant for non-payment of rent, and obtained an order, suspended on condition as to payments. He again fell into arrears, and the authority made a further agreement. They now sought issue of a warrant, and the tenant argued that a new possession was required, saying that … Continue reading Greenwich London Borough Council v Regan: CA 31 Jan 1996
The applicant for housing was said to have suffered ‘a major and irreversible handicap’ as a result of a childhood injury but who also was in the habit of drinking six or seven pints of beer a day. Held: The court accepted the submission ‘that the effect of that gloss upon the section is in … Continue reading ex parte Carroll: 1988
No homelessness priority could be established by means of having a child applying for housing, rather than his or her parent. An application by a person suffering mental disability who would also be dependent upon others was also rejected. In each case the true application was by the parent or carer. The Act is concerned … Continue reading Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
It may be unreasonable to impose a possession order against a person in respect of a failing over which they have no control.Simon Brown LJ said, having reviewed the existing authorities: ‘Those authorities clearly hold that no personal fault on the tenant’s part is required to bring a case within ground 2, although this consideration … Continue reading Portsmouth City Council v Bryant: CA 2000
Tenants under long leases sought to recover service charges which had been paid over many years, but which they had come to consider unreasonable. The landlords resisted the claim for repayment saying the Tribunal had no power to make an order when the charges had been paid. The tribunal also said that a limitation period … Continue reading Regina v London Leasehold Valuation Tribunal Ex Parte Daejan Properties Ltd: QBD 20 Oct 2000
A Landlord’s liability to carry out a repair to the tenanted property under the 1985 Act does not arise unless the tenant puts the landlord on notice of the disrepair. The tenant in such cases is under a duty to mitigate his losses. Citations: (1988) 20 HLR 393 Statutes: Landlord and Tenant Act 1987 11 … Continue reading Minchburn v Peck: 1988
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Youth Trainee Scheme trainee is independent, and should not to be included in family’s housing need assessment even though only small income. Citations: Ind Summary 19-Sep-1994 Statutes: Housing Act 1985 59-1-b Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.87055
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
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
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 local connection test for rehousing may be applied as at the date of the application for housing: ‘In my judgment a local authority may properly ask itself whether the applicant had a local connection . . at the date of the application under Part III of the Housing Act, 1985 so long as it … Continue reading Regina v Newham London Borough Council Ex Parte Smith: QBD 11 Apr 1996
Local Authority is under no obligation to provide permanent housing for a family with children save as provided under the Act. The Children Act not to be used as a way around homelessness decisions and rules. A Social Services request to house children did not revive any claim made on behalf of the family as … Continue reading Regina v Northavon District Council ex parte Smith: HL 18 Jul 1994
Rent arrears are a proper consideration for a Local Authority in allocating a housing tenancy. Citations: Times 11-Apr-1996 Statutes: Housing Act 1985 22 Housing Updated: 09 April 2022; Ref: scu.87102
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
A local authority was not responsible in damages to the owner of a property for a failure to serve a notice to quit. Citations: Times 14-Dec-1994 Statutes: Housing Act 1985 270 Housing Updated: 09 April 2022; Ref: scu.87105
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 words ‘other special reason’ for housing need within the section are to be to be read narrowly. The section was to be read as a whole and was not indended to cover impecuniosity through the denial of benefits. Citations: Times 01-May-1996 Statutes: Housing Act 1985 59(1) Cited by: Appeal from – Regina v Kensington … Continue reading Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar: QBD 1 May 1996
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 considered the status of residents of almshouses, and in particular whether they were licensees or tenants with associated security. Held: The occupier’s appeal failed: ‘We do not accept the proposition that, if and insofar as Mrs Watts was a beneficiary of the Charity, her occupation was that of tenant at will of the … Continue reading Watts v Stewart and Others: CA 8 Dec 2016
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
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
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
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
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
