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 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
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
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
UTLC LEASEHOLD ENFRANCHISEMENT – house – price – condition – improvements – risk of tenant claiming Assured Tenancy- statutory assumptions – appeal allowed in part – Price determined at andpound;152,788 – Leasehold Reform Act 1967 section 9(1), Housing Act 1988 section 14(2)(b) and Landlord and Tenant Act 1954 Pt 1 Judges: P R Francis FRICS … Continue reading Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss 18 and 19 – Housing Act 1988 ss 13 and 14 – Assured non-shorthold periodic tenancy -whether the landlord’s ability (subject to any reference to a Rent Assessment Committee) to serve a yearly notice of increase of rent (which included … Continue reading Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008
The 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 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
The failure of the applicant to make proper preparations for a house move is a proper consideration when assessing intentional homelessness. Judges: Lightman J Citations: Times 20-Nov-1997 Statutes: Housing Act 1988 60(3) Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The … Continue reading Regina v Westminster City Council ex parte N’Dormadingar: QBD 14 Oct 1997
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
Appeal against refusal to set aside possession order made under assured shorthold tenancy. No rent was paid on three rent days, but then the Housing benefit begand clearing arrears in part. Held: It is settled law that the notice requiring possession need not follow exactly the words of the section. Hallett, Davis, Floyd LJJ [2014] … Continue reading Masih, Regina (on The Application of) v Yousaf: CA 6 Feb 2014
The Defendant took an assured shorthold tenancy of premises from the Claimant for a fixed term of one year less one day, paying a deposit of a month’s rent under the terms of the tenancy agreement at that time. At the expiry of the fixed term, by the effect of section 5 of the 1988 … Continue reading Superstrike Ltd v Rodrigues: CA 14 Jun 2013
UTLC LANDLORD AND TENANT – assured tenancy – rent determination by rent assessment committee – deduction for repairing liability – whether reasons given for deduction – appeal on error of law – requirement for valuation tribunals to give adequate reasons – appeal allowed – remitted to first-tier tribunal (property chamber) – s14 Housing Act 1988 … Continue reading John Jackson Charitable Trust v Hornblower and Others: UTLC 4 Feb 2014
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008
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 Council had granted a weekly secure tenancy of the premises to the appellant. The Court considered the calculation of damages awarded for an unlawful eviction of a residential tenant. Held: Section 28(1)(a) requires the basis of the valuation to be that Mr Loveridge ‘continues’ following the eviction to have ‘the same right’ to occupy … Continue reading Loveridge v London Borough of Lambeth: SC 3 Dec 2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014
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
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
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 claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it. Held: The claim failed. The planning inspector’s report is the starting-point for the Secretary of State’s deliberations. However, it is his statutory function to make a planning judgment … Continue reading Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another: Admn 5 Dec 2014
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
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 . .
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
Mummery LJ said: ‘In my judgment, the principal submissions are based on a misreading of the statutory provisions. There is nothing in the provisions establishing or supporting a statutory principle of ‘once an assured tenancy, always an assured tenancy’. The provisions of Schedule 10 relied upon do not set a ceiling of andpound;25,000 on the … Continue reading Regina (on the Application of Morris) v The London Rent Assessment Committee and Another: CA 7 Mar 2002
LANDLORD AND TENANT – rent determination – assured periodic tenancy – valuation – assessment of comparables – determination of rent under section 14 Housing Act 1988 – appeal allowed in part Citations: [2018] UKUT 282 (LC) Links: Bailii Statutes: Housing Act 1988 14 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 May 2022; Ref: … Continue reading Chehab v Cadogan Estates Ltd: UTLC 12 Sep 2018
If the proper rent is higher than the statutory maximum, then the rent should be so set and the assured tenancy status lost. The Committee was not prohibited from assessing the rent of the assured tenancy arising on termination of the long tenancy in excess of andpound;25,000. Judges: Kay J Citations: Times 10-Jul-1997, [1997] EWHC … Continue reading Regina v London Rent Assessment Panel, Ex Parte Cadogan Estates Ltd: Admn 4 Jun 1997
The tenant under a long lease appealed against a rent assessment which increased the amount payable to a level where she lost her security of tenure. She said that 17 year old improvements she had made should not have been taken into account. Held: The words of the Act were clear and the value of … Continue reading Hughes v Borodex Ltd: Admn 25 Mar 2009
UTLC LANDLORD AND TENANT – Rent Determination – application for determination of rent under section 14, Housing Act 1988 – First-tier Tribunal declining jurisdiction on grounds that tenancy was a regulated tenancy under Rent Act 1977 – nature of tenancy – appeal allowed Martin Rodger QC, Deputy President [2015] UKUT 69 (LC) Bailii Housing Act … Continue reading Swanbrae Ltd v Ryder: UTLC 24 Feb 2015
The fact that a new product was made on agricultural land from produce grown elsewhere on the land did not make that production process non-agricultural. The making of wine is capable of being agricultural use, and being thus free from planning control. The court considered the Secretary of State’s reaction to the judges comments at … Continue reading Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999
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
The parties, an unmarried cohabiting couple, disputed their respective shares in a property held in the man’s sole name. Both had made direct contributions both to the purchase of a barn and to its expensive conversion into a home. The plaintiff appealed against a finding that she had only a 14.9% interest on a resulting … Continue reading Drake v Whipp: CA 30 Nov 1995
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
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
In a claim for possession of residential premises, the defendant who was the gay partner of the deceased tenant, to have succeeded to his partner’s tenancy as a member of his family. Held: A court may adjourn a case pending the outcome of an appeal to the House of Lords in an appropriate case even … Continue reading Kingcastle Limited v Owen-Owen: CA 19 Feb 1999
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006
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
Whether premises were let as a separate dwelling. Citations: [1969] 1 WLR 803 Jurisdiction: England and Wales Cited by: Cited – Uratemp Ventures Limited v Collins HL 11-Oct-2001 Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy? Held: A single room can … Continue reading Marsh Ltd v Cooper: 1969
Whether rooms were let as a separate dwelling. Citations: [1952] 2 QB 89 Jurisdiction: England and Wales Cited by: Cited – Uratemp Ventures Limited v Collins HL 11-Oct-2001 Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy? Held: A single room can … Continue reading Hayward v Marshall: 1952
A tenancy of a flat was granted to Miss Vyas. She occupied it with Mr Sharma. They later married. She moved out and was given the tenancy of a council house elsewhere. She then wrote to Brent, the landlords, to say she was no longer sharing with Mr Sharma, that she had moved out and … Continue reading London Borough of Brent v Sharma and Vyas: CA 1992
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
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
A homeless gypsy caravan dweller applied for housing. The authority offered temporary bed and breakfast accomodation. She complained that she had an aversion to living in bricks and mortar. Held: The authority had discharged its function. The duty of the authority was to secure the availability of suitable accommodation within a reasonable period of time, … Continue reading Codona v Mid-Bedfordshire District Council: CA 15 Jul 2004
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
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997
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
The parties had divorced and settled financial provision, but the former wife and her children came to need a house and one of the claimant’s properties became vacant, and she was allowed to occupy it as a tenant, with the majority of the rent being paid through housing benefit. The council refused to pay housing … Continue reading Graves v Graves and others: CA 3 Jul 2007
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
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
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 Court considered the interpretation of the sections which applied corporation tax to post-cessation receipts. Companies had received from the Inland Revenue substantial repayments of VAT together with interest. There had been reorganisations of the group, the company which had made the overpayment did not exist, and the payee of the repayment had only later … Continue reading Shop Direct Group v Revenue and Customs: SC 17 Feb 2016
A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that the victim did not have sufficient understanding to take the oath by reason … Continue reading Regina v Walsall Justices, ex parte W (a minor): QBD 1990
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004
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
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
The defendants appealed against confiscation orders made after a finding that they had been involved (separately) in the smuggling of tobacco, suggesting a conflict between the 1992 Regulations and the Directive. Held: The appeals variously failed and succeeded according to their facts. A person obtains a pecuniary advantage by evading duty or VAT even though … Continue reading White and Others v Regina: CACD 5 May 2010
The applicant lived with her husband and family in rented accomodation. The husband drank, and spent money which should have gone to the rent. Though she had some small involvement, she did not know of the extent of the rent arrears. He left, and she struggled to restore the position, but failed. She appealed a … Continue reading Regina v Thanet District Council ex parte Groves: QBD 1993
Uber drivers are workers The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers. Held: The appeal failed (Underhill LJ dissenting) The drivers accepted the control of tee Uber app: ‘Even if drivers are not obliged … Continue reading Uber Bv and Others v Aslam and Others: CA 19 Dec 2018
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
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 considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, and that arrears of payable housing benefits would clear the debt. Held: The appeal … Continue reading S v Floyd, Equality and Human Rights Commission: CA 18 Mar 2008
The applicant challenged an order requiring him to discontinue use of land on which were listed buildings in need of repair. The authority had concluded that compulsory purchase would not be sufficient to achieve the result required. The land owner contended that such an order was draconian, and should not be made without additional evidence … Continue reading Chant v Secretary of State for Transport, Local Government and the Regions and another: Admn 1 Jul 2002
Judges: Falk J Citations: [2019] EWHC 1418 (Ch) Links: Bailii Statutes: Housing Act 1988 21 Jurisdiction: England and Wales Housing, Estoppel Updated: 14 July 2022; Ref: scu.639278
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016
The tenants appealed an order for possession of their assured property. The order had been made on the basis that their behaviour constituted a nuisance under Ground 14. They suffered post traumatic stress disorder, and were acutely sensitive to noise leading to them make many complaints about their neighbours. They said that the court should … Continue reading Accent Peerless Ltd v Kingsdon and Another: CA 12 Dec 2007
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
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007
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 claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003
A letting of two of a number of rooms in a property together with joint use with the landlord of the kitchen, bathroom, lavatory and conservatory was not a letting of the two rooms as a separate dwelling, but a sharing of the property. The letting was not secure. Citations: [1945] KB 144, [1945] 1 … Continue reading Neale v Del Soto: CA 1945
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 court was asked: ‘whether a notice that the respondents, who own the relevant premises, served on the appellants, who are assured shorthold tenants, satisfied the requirements of section 21(1)(b) of the 1988 Act. The respondents maintain that it did. The appellants dispute that on the basis that the respondents were not at the date … Continue reading Barrow and Amey v Kazim and Others: CA 31 Oct 2018
Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003
The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee … Continue reading Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003
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
The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’ Judges: Lord Justice Peter Gibson, Sir Christopher Staughton Citations: [2000] EWCA Civ 357, … Continue reading Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012