The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of incompatibility in respect of section 80. The Co-operative was fully mutual and … Continue reading Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015
The tenant had a partner whom she could not control, and who had terrorised her to the nuisance also of her neighbours. The landlord sought possession, and until that was granted an anti-social behaviour order (ASBO) against the partner. Before the hearing an interim ASBO had been granted which effectively excluded the partner from the … Continue reading London and Quadrant Housing Trust v Root: CA 12 Jan 2005
(Romford County Court) ‘A judge who adjourns the hearing of a ground 8 possession claim solely in order to allow a defendant an opportunity to defeat that claim, whether by extracting payment from the housing benefit authority or from any other source, is choosing not to apply the law in force at the date of … Continue reading London and Quadrant Housing Trust v Sandra Ison: 8 Sep 2003
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings. Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly … Continue reading Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003
The tenant appealed an order for possession. He had been convicted of making indecent images of children. The defendant had moved his tenancy from the property in which the offences had been convicted to a neighbouring property. The landlord said that offence had still been committed in the locality of the house. Held: The tenant’s … Continue reading Raglan Housing Association Ltd v Fairclough: CA 1 Nov 2007
Citations: (1988) 20 HLR 374 Statutes: Housing Act 1988 34(1)(b) Jurisdiction: England and Wales Cited by: Cited – Truro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008 The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected … Continue reading Dibbs v Campbell: 1988
The tenant had created a sub tenancy, the result of which was that he no longer had any right to enter upon the property unless the sub-tenant surrendered his lease. Held: The tenant could not be said properly to be in occupation of the tenanted property. When a tenant has sublet, the question of whether … Continue reading Ujima Housing Association v Ansah and Another: CA 17 Oct 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
The tenant had been joint tenant with his wife of a house. On the breakdown of the marriage, she left and gave notice to quit to the council. The council sought and obtained an order for possession, against which the husband now sought leave to appeal against a refusal of an adjournment so that he … Continue reading Newlon Housing Trust v Alsulaimen: CA 16 Jan 1997
The deceased tenant and the appellant had lived together in a violent alcoholic homosexual relationship. The appellant had claimed to have succeeded to the tenancy on his partner’s death. The authority said the relationship had been at an end, and no succession took place. Held: The appellant had failed to demonstrate that his relationship with … Continue reading Nutting v Southern Housing Group Ltd: ChD 21 Dec 2004
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
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it was said that the situation arose from maladministration by the local … Continue reading North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004
Citations: [2004] EWCA Civ 310 Links: Bailii Statutes: Crime and Disorder Act 1988 1C Jurisdiction: England and Wales Housing, Local Government Updated: 11 September 2022; Ref: scu.194686
The respondent had been employed with the provision of tied accomodation. He had been dismissed. The employer sought possession of the premises. The employees was claiming unfair dismissal and wanted to be re-instated. Held: Possession was to be granted. If the emploer had made a settled decision that the employee would not be taken back … Continue reading Whitbread West Pennines Ltd v Reedy: CA 1988
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord. Held: The tenant’s appeal was … Continue reading White v Knowsley Housing Trust and Another: CA 2 May 2007
The landlord had served a notice to quit on his tenant. The notice specified that possession would be required ‘at the end of your period of your tenancy’ It was objected that the notice was ineffective. Held: The notice must be interpreted to refer to the time immediately after the tenancy came to an end, … Continue reading Notting Hill Housing Trust v Roomus: CA 29 Mar 2006
The House was asked whether a rating authority could refuse to repay rates which had been paid by mistake. Held: ‘Parliament must have intended the rating authorities to act in the same high principled way expected by the court of its own officers and not to retain rates paid under a mistake of law . … Continue reading Regina v Tower Hamlets London Borough Council, ex parte Chetnik Developments Limited: HL 1988
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
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
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 respondent appealed against an order for possession made on the grounds that he had been convicted of breach of an order under the 1997 Act in harassing his daughter who lived nearby the premises. The tenant argued that the agreement had incorporated a version of the Housing Act before its amendment to allow possession … Continue reading North British Housing Association Ltd v Sheridan: CA 29 Jul 1999
Prisoners are a section of the public for the purposes of the 1976 Act. The Court increased an award for injury to feelings awarded for race discrimination by prison officers from pounds 50 to pounds 500. The court considered the appropriate level of damages to be awarded in race discrimination cases: ‘damages for this relatively … Continue reading Alexander v Home Office: CA 1988
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
Europa An action by the Commission pursuant to Article 169 of the Treaty against a Member State for failure to fulfil its obligations, the bringing of which is a matter for the Commission in its entire discretion, is objective in nature. In the context of the balance of powers between the institutions laid down in … Continue reading Commission v United Kingdom: ECJ 21 Jun 1988
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001
Housing association which was registered under Act is an investment company and is to carry a profit charge. Citations: Times 01-Jan-1997 Statutes: Industrial and Provident Act 1965, Income and Corporation Taxes Act 1988 130 Jurisdiction: England and Wales Corporation Tax Updated: 19 May 2022; Ref: scu.79477
Citations: (1988) 20 HLR 205 Cited by: Cited – Haile v London Borough of Waltham Forest SC 20-May-2015 ‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied … Continue reading Regina v Hillingdon London Borough Council, Ex parte Tinn: 1988
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
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
The Rent Act 1977 had provided that a tenancy was not to be taken to be a protected tenancy of a dwelling house: ‘bona fide let at a rent which includes payments in respect of board or attendance’ Held: Where a landlord provided a continental beakfast to each of his tenants to be eaten in … Continue reading Otter v Norman: HL 1988
The tenant was guilty of nuisance, but her misbehaviour was attributable to her psychotic state – her ‘disability’ within the 1995 Act. Held: Though a very pertinent factor to be taken into account may be a housing authority’s obligations to other tenants on a housing estate and the interests of those other tenants, though the … Continue reading North Devon Homes Housing Association v Brazier: QBD 2003
The court considered to what extent it could look to the form of an Act before it was amended in order to assist it in construing the Act as amended: ‘The original section 21(a) of the [Coroners (Amendment) Act] 1926 is no longer law, since it has been replaced by Section 23(3) of the Births … Continue reading Regina v Greater Manchester Council ex parte Worch: 1988
The Court considered the following question: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; in particular does it include someone who acts otherwise than in a private and individual capacity for or on behalf of an organisation or body which … Continue reading TRA, Regina v (Redacted Judgment): SC 13 Nov 2019
The court was concerned with the implied statutory obligations of repair on the landlord: ‘It is common ground that the door and frame of the flat were part of the structure and exterior of the flat within the meaning of the implied statutory covenant. It is also common ground that the effect of this implied … Continue reading Morris v Liverpool City Council: CA 1988
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 claimant was a statutory tenant occupying a flat at a registered fair rent of andpound;8 per week. He withheld the rent and was sued for possession. He counterclaimed for damages for breach of the implied covenant on the part of the landlord to repair. The judge awarded damages under three heads including for inconvenience … Continue reading C Chiodi v De Marney: CA 1988
In considering whether a secure tenancy was lost by the tenant abandoning his residence there, the court set out the applicable principles. Where absence is more prolonged than is to be explained by holiday or ordinary business reasons and is unintermittent, the onus lies on the absent person to establish an intention to return. An … Continue reading Brickfield Ltd v Hughes: CA 1988
The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside. Held: The application failed. The charge had been executed long before W had commenced her claims. The Court … Continue reading Kemmis v Kemmis (Welland and Others Intervening): CA 1988
The court was asked what the effect of the conduct of one member of a family might be on the classification of other members as being voluntarily homeless: ‘the fact that the Act requires consideration of the family unit as a whole indicates that it would be perfectly proper in the ordinary case for the … Continue reading Regina v North Devon District Council ex parte Lewis: 1988
Citations: (1988) 20 HLR 430 Jurisdiction: England and Wales Cited by: Cited – Loveridge and Loveridge v Healey CA 20-Feb-2004 The landowner sought to recover possession of land occupied under an agreement by a mobile home owner. Held: It was necessary for the land owner to show that he had complied with the requirements under … Continue reading Regina v Newcastle upon Tyne County Court, ex parte Thompson: 1988
The defendant operated an amusement arcade which provided video amusement games. The authority required a licence saying that it was an ‘exhibition of a moving image’. The Association appealed. Held: A video amusement game was not within the Act. On its true construction, the Act referred to a show and not an amusement game.Lord Griffiths … Continue reading British Amusement Catering Trades Association v Westminster City Council: HL 1988
Claim for possession of assure weekly tenancy – T said to have misled HA as to who was her carer. [2011] EWCA Civ 735, [2011] HLR 39 Bailii Housing Act 1988 England and Wales Housing Updated: 03 January 2022; Ref: scu.441435
UTLC LANDLORD AND TENANT – rent determination – application for determination of rent under s.14, Housing Act 1988 – discrepancy between decision notice and reasons – whether remediable by correction certificate under rule 50, Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rules 2013 – reliance by First-tier Tribunal on evidence of comparable property not disclosed to … Continue reading Irwell Valley Housing Association v O’Grady: UTLC 25 Jun 2015
In Antoniades, the two tenants occupied an attic, living together. Each had at the same time signed identical agreements purporting to create licences. The landlord had reserved to himself the right to occupy the property and to allow others to occupy it so as to create no more than a licence. Held: Behaviour by the … Continue reading A G Securities v Vaughan; Antoniades v Villiers and Bridger: HL 10 Nov 1988
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions. Held: The legislature had ‘conspicuously refrained’ from updating the statutory rent limit and it was therefore not for the … Continue reading McNerny v London Borough of Lambeth: CA 1988
The tenant had been ordered to leave her flat. She had kept a dog in breach of her tenancy agreement. The landlord had terminated the assured shorthold tenancy by a section 21 notice. She said that they had failed to make reasonable adjustments to allow for her disability, and that the dog was critical to … Continue reading Thomas-Ashley v Drum Housing Association Ltd: CA 17 Mar 2010
The Trust appealed against refusal of an order for possession against its periodic assured tenant. The grounds were 14 (nuisance or annoyance), and 14A (domestic violence). The judge had found that the violence complained of occurred only after the tenant had moved out of the property and ceased before his return. The judge found no … Continue reading Metropolitan Housing Trust v Hadjazi: CA 1 Jul 2010
The claimant appealed against refusal of a summary order for possession of the defendant tenant’s house for arrears of rent. The arrears arose through delay in payment of Housing Benefit, and all arrears had been cleared by the hearing of the appeal. The claimant said that as a fully mutual housing co-operative, it was not … Continue reading Mexfield Housing Co-Operative Ltd v Berrisford: ChD 5 Oct 2009
The landlord and the ‘tenant’ specifically agreed that the tenancy should be granted to a limited company formed by the tenant, which it was legitimate for them to do so as to avoid the Rent Acts, and the tenant had taken legal advice. Held: In these circumstances the individual who had formed the company could … Continue reading Hilton v Plustitle Ltd: CA 1988
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
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
The respondent was a mutual housing co-operative, and the claimant its tenant. The tenant kept a dog in the premises without the consent of the other tenants in breach of the terms of the lease. A notice to quit was served on him. His tenancy was . .
Various leases of properties had been granted. Legal and General occupied the property under an arrangement under which they paid no rent. The landlord sought possession, saying that the agreements were licences not tenancies because of the absence . .
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The issue on this appeal is whether a notice served by the Respondent Landlords on the Appellant under section 21 of the Housing Act 1988 was invalid because no energy performance certificate had been served by the Landlords on the Tenant prior to . .
A landlord could be liable for for orders for damages both for a common law breach of quiet enjoyment under the lease and for the loss of occupation under the 1988 Act. The case of Mason was distinguished because on the basis that the common law damages were awarded here not for the loss of … Continue reading Kaur v Gill: CA 15 Jun 1995
The Court considered the scope of the licensing requirement and the consequences of failing to comply with it. Must a landlord be licensed to serve a notice under section 8 of the Housing Act 1988 (‘the 1988 Act’)? If he must, is a notice served by an unlicensed landlord nugatory? Judges: Lord Justice Newey Citations: … Continue reading Jarvis v Evans and Another: CA 7 Jul 2020
Citations: [2020] EWCA Civ 760 Links: Bailii Statutes: Housing Act 1988 21 Jurisdiction: England and Wales Housing Updated: 20 December 2022; Ref: scu.651852
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent. Held: A notice which was invalid for the purposes for which it was sent might still fulfil some … Continue reading Drew-Morgan v Hamid-Zadeh: CA 13 May 1999
The tenant sought relief from forfeiture under section 138 against a landlord seeking possession of his assured tenancy. There were arrears of rent which he believed he could pay. Held: The grounds for possession were statutory, and had been demonstrated. The action was not an action for forfeiture. ‘section 5(1) makes it abundantly clear that … Continue reading Artesian Residential Investments Limited v Beck: CA 19 Mar 1999
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
Appeal against award of damages for breach by landlord of covenant for quiet enjoyment and under the 1988 Act. Held: The landlord’s appeal failed. ‘There is no fixed point at which it can be said that breaches of the covenant of quiet enjoyment become so serious as to constitute qualifying conduct for the purposes of … Continue reading Abbott v Bayley: CA 20 Jan 1999
The plaintiff sought leave to appeal against the level of damages awarded to her in her claim for wrongful eviction, and against the costs award made after the award had failed to meet the amount paid into court. She said that by omitting a painting from the damages, the amount payable was reduced below the … Continue reading Hougie v Kranat: CA 26 Nov 1998
Citations: [1998] EWCA Civ 1435 Statutes: Housing Act 1988 S2 g11, Landlord and Tenant Act 1987 48 Jurisdiction: England and Wales Citing: Cited – Rogan v Woodfield Building Services Ltd CA 10-Aug-1994 The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for … Continue reading Morgan v Hamid-Zadeh: CA 15 Sep 1998
Where one joint tenant had given notice and the landlord mistakenly excluded the other tenant, the husband, from possession, the landlord could not rely on the defence of ‘reasonable cause’. The tenant has the choice of possession or statutory damages. Statutory damages had been agreed between the parties’ representatives at 30,000 pounds. The Council now … Continue reading Wandsworth London Borough Council v Osei-Bonsu: CA 22 Oct 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
The landlord appealed a finding that in raising the rent of the tenant’s property, he should have followed the section 13 procedure. He said that the agreement contained its own provisions agreed with the tenant. Held: The appeal succeeded. The section excludes a tenancy where provision is made for an increase in rent, and this … Continue reading Contour Homes Ltd v Rowen: CA 26 Jun 2007
If ‘suitable alternative accommodation’ was offered in exchange for a protected tenancy, the court need look only for some security for the tenant, not that he should receive equal protection. Where the landlord persuades the Rent Act protected tenants to surrender their old tenancy before taking a new tenancy, the lessees would not have been … Continue reading Laimond Properties Limited v Al-Shakarchi: CA 10 Feb 1998
The plaintiffs let property to the respondents. The notice of shorthold tenancy issued prior to the tenancy commencing had obvious errors in the dates. The issue was as to its validity. Held: The error was evident, the termination date preceded the commencement date and was plainly a repetition of the date of the notice. But … Continue reading York and Another v Casey and Another: CA 16 Feb 1998
The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of … Continue reading King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously … Continue reading Andrews and Another v Brewer and Another: CA 17 Feb 1997
Notices were given which were incorrect. Held: The notices were upheld despite the errors. Judges: Arden LJ Simon Brown LJ Citations: [2003] EWCA Civ 281, [2003] HLR 45 Links: Bailii Statutes: Housing Act 1988 20, Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 Jurisdiction: England and Wales Citing: Cited – Mannai Investment Co Ltd v … Continue reading B Osborn and Co Ltd v Dior and others: CA 22 Jan 2003
Notice determining tenancy effectively was notice requiring possession. Citations: Times 15-Jul-1996 Statutes: Housing Act 1988 21(1)(b) Jurisdiction: England and Wales Landlord and Tenant Updated: 31 October 2022; Ref: scu.80482
Judges: Miss Joanna Smith QC Sitting as a Deputy Judge of the High Court Citations: [2018] EWHC 1873 (Ch) Links: Bailii Statutes: Rent Act 1977 13, Housing Act 1988 38 Jurisdiction: England and Wales Housing Updated: 31 October 2022; Ref: scu.682212
B occupied a room in a hotel. He sought an injunction to prevent his eviction, arguing first that he was a tenant protected by the Housing Act 1988 and second that he was protected under the Protection from Eviction Act 1977. His application was refused. Held: His appeal was also dismissed. To claim under the … Continue reading Brillouet v Landless: CA 1996
Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as opposed to a notional basis, otherwise that which the landlord was ordered to pay to the … Continue reading Melville v Bruton: CA 29 Mar 1996
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address of agent: Acting Agent RM’ with the address. This notice … Continue reading Marath and Another v MacGillivray: CA 5 Feb 1996
A shorthold tenancy notice was issued before the tenancy began, but it gave the wrong date for termination. Held: The prescribed form required the correct termination date. A notice with a wrong date is not substantially the same as one with a correct date. The tenancy was therefore not an assured shorthold tenancy, and the … Continue reading Panayi and Pyrkos v Roberts: CA 1993
The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord intends to seek possession on grounds . . in Schedule 2 to the Housing Act 1988, which reads: Give the full text of each ground which is being relied on. (Continue on a separate sheet if necessary).’ … Continue reading Mountain v Hastings: CA 16 Apr 1993
General and aggravated damages at common law are to be set off, against damages awarded under Housing Act 1988 s2. The general damages were attributable to the loss of the right to occupy the premises, and therefore the common law damages award should be set off against the statutory award for the same loss. Judges: … Continue reading Mason v Nwokorie: CA 19 Oct 1993
L’s appeal after rejection of section 8 notice requiring possession, but making mistake in year required. Judges: Underhill, Floyd, Arnold LJJ Citations: [2020] EWCA Civ 175, [2020] WLR(D) 93 Links: Bailii, WLRD Statutes: Housing Act 1988 Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.648246
The landlord appealed against an assessment of the proper rent for a property let under an assured periodic tenancy. Judges: Wyn Williams J Citations: [2012] EWHC 19 (Admin) Links: Bailii Statutes: Housing Act 1988 Housing Updated: 04 October 2022; Ref: scu.450311
What happens at the end of the fixed period tenancy is the creation of a new and distinct statutory tenancy, rather than, for example, the continuation of the tenant’s previous status. Citations: (1991) 24 HLR 64 Statutes: Housing Act 1988 Jurisdiction: England and Wales Cited by: Cited – Superstrike Ltd v Rodrigues CA 14-Jun-2013 The … Continue reading N and D (London) Ltd v Gadson: 1991
The claimants occupied houseboats constructed from second world war landing craft supported on non-floating platforms on land let to the respondents. They held under oral tenancies which had been terminated by the respondents before possession was sought. The appellants appealed against orders finding that they were not assured tenants within the 1988 Act on the … Continue reading Mew and Another v Tristmire Ltd: CA 28 Jul 2011
In the course of possession proceedings for non payment of rent under an assured tenancy, the tenant gave the landlord a cheque which cleared the arrears. Held: The past course of dealings between the parties showed that the landlord had previously accepted cheques, and now required the landlord to accept payment by cheque. Payment by … Continue reading Andy Coltrane v Janice Day: CA 14 Mar 2003
This appeal concerns the question whether company law relating to execution of documents applies to certain statutory notices served by a corporate landlord upon its tenants in possession proceedings. Citations: [2020] EWHC 3538 (QB) Links: Bailii Statutes: Housing Act 1988 8, Companies Act 2006 44 Jurisdiction: England and Wales Housing, Company Updated: 09 September 2022; … Continue reading Northwood Solihull Ltd v Fearn and Others: QBD 21 Dec 2020
Citations: [2001] EWCA Civ 1125 Links: Bailii Statutes: Housing Act 1988 Jurisdiction: England and Wales Landlord and Tenant Updated: 06 September 2022; Ref: scu.218339
The landlord served a notice to terminate a shorthold tenancy saying that he required possession on a certain day. The tenancy had been a periodic tenancy, and the date was not the last day of a period of the tenancy. Held: The Act was specific. What was being served was not a notice to quit … Continue reading McDonald and Another v Fernandez and Another: CA 19 Jul 2003
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss18 and 19 – Housing Act 1988 ss 13 and 14 – Assured non-shorthold periodic tenancy – whether the landlord’s ability (subject to any reference to a Rent Assessment Committee) to serve a yearly notice of increase of rent (which included … Continue reading Home Group Ltd v Lewis and others: LT 3 Jan 2008
An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision was heard, the decision in Forcelux was available and the circuit judge held that … Continue reading London Borough of Hackney v Findlay: CA 20 Jan 2011
This was a second appeal, this time by a former tenant and was as to whether a tenancy was a shorthold tenancy or otherwise. The judge had found that the tenancy commenced in 1995, and no notice of shorthold tenancy having been given, it was an assured tenancy. The case was appealed to the High … Continue reading Naidu v Yenula Properties Ltd: CA 23 May 2002
Claim for damages for unlawful eviction of tenant. Judges: Jacob, Lloyd, Stanley Burton LJJ Citations: [2010] EWCA Civ 108, [2010] HLR 25 Links: Bailii Statutes: Housing Act 1988 27 Jurisdiction: England and Wales Housing Updated: 25 August 2022; Ref: scu.425547
The appellant had been the landlord’s assured tenant for many years. He sometimes worked away from home, and in 2001 he was absent for six months. On his return the landlord offered an assured shorthold agreement. L now sought to issue a notice under section 21. T said that the earlier tenancy had continued, and … Continue reading Chohan v McManus: CA 24 Nov 2008
The tenant appealed against an order for possession, saying that he had an assured tenancy. Judges: Nicola Davies J Citations: [2010] EWHC 297 (QB) Links: Bailii Statutes: Housing Act 1988 45 Landlord and Tenant, Housing Updated: 15 August 2022; Ref: scu.403363
In a case of unlawful eviction, the only valuation evidence was that produced by the tenant and such evidence was not challenged by the landlord. The grounds of appeal included the contentions that the award of damages was excessive and bore no relation to the loss suffered by the tenant. Held: ‘I accept that the … Continue reading Tagro v Cafanec: CA 1991
The private landlord held premises under a lease from a local authority which prohibited sub-letting and assignment. He sub-let to the plaintiff and then unlawfully evicted her. He appealed against an award to her of statutory damages, submitting that the prohibition of sub-letting and assignment in the lease meant that the market value of the … Continue reading Tagro v Cafane and Another: CA 23 Jan 1991
The Court’s discretion to grant a landlord possession is not limited to exceptional cases. Under Ground 1 in Schedule 2 Housing Act 1988 the landlord was entitled to recover possession from an assured tenant if he ‘requires the dwelling house as his…principal home’. Citations: Times 09-Aug-1996, [1997] 1 EGLR 25 Statutes: Housing Act 1988 Part … Continue reading Boyle v Verrall: CA 9 Aug 1996
The court was asked: ‘Does section 13(1)(a) of the Housing Act 1988 have the effect of enabling a landlord to seek to increase the rent payable under a statutory periodic tenancy beyond the levels contemplated in a rent review clause in the assured tenancy that preceded it, even though that clause purports to govern the … Continue reading London District Properties Management Ltd and Others v Goolamy and Another: Admn 16 Jun 2009
Judges: McCombe J Citations: [2001] EWHC QB 447 Links: Bailii Statutes: Housing Act 1988 Jurisdiction: England and Wales Housing Updated: 19 July 2022; Ref: scu.135286
