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 . .
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 . .
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 . .
(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 . .
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 . .
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. . .
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 . .
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 . .
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 . .
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 . .
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 . .
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 . .
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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
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
Application to review decision that applicant though in priority need was homeless through her own voluntary act in failing to pay rent. Held: Sufficient evidence had been placed before the committee for it to be able to say that it could conclude, as it had, that the presumption that she was party to the failure … Continue reading Regina v London Borough of Harrow ex parte Byrne: Admn 28 Feb 1997
The tenant sought to assert that he occupied a houseboat, the Dinty Moore, under a tenancy of a dwellinghouse under the 1988 Act. The claimant appealed a decision that it was. Held: A house-boat, even though used as a dwelling, did not have the character of a house sufficiently to allow an assured tenancy of … Continue reading Chelsea Yacht and Boat Club Ltd v Pope: CA 6 Apr 2000
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become intentionally homeless. The authority refused to extend her time to request a review. She now … Continue reading C v London Borough of Lewisham: CA 4 Jul 2003
Under the Act, it would be ultra vires the Crown’s powers to grant a tenancy of property it had requisitioned. Citations: [1950] 1 KB 148 Statutes: Emergency Powers (Defence) Act 1939 Jurisdiction: England and Wales Cited by: Cited – Bruton v London and Quadrant Housing Trust HL 24-Jun-1999 The claimant sought to oblige the respondent … Continue reading Minister of Agriculture and Fisheries v Matthews: 1950
An appellate court whose jurisdiction is limited to matters of law can only interfere where there has been a breach of well-established legal principles such as failing to take account of relevant factors. When considering barring a party for late filing of a document, the absence of a good reason for a response not being … Continue reading Kwik Save Stores Ltd v Swain: EAT 1997
Whether a single room in house had been let as a separate dwelling. Citations: [1949] LJR 165 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 Winters v Dance: 1949
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
(Redacted) The court was asked to consider the meaning of ‘torture’ from events in a rebellion in Liberia in 1990. The CACD certified the following point of law of general public importance: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; … Continue reading Taylor, Regina v: SC 13 Nov 2019
The House set out the conditions for deciding whether rooms within a house were let as a separate dwelling. The time at which it has to be judged whether premises are entitled to protection is when the action is brought.Lord Porter said that: ‘the rules of formal logic must not be applied . . with … Continue reading Baker v Turner: HL 1950
The council sought to exercise its powers under the Act to take possession of part of the defendant’s property. Held: Denning LJ said: ‘It is necessary to consider the nature of the power to requisition land. It is only a power to take possession of land. It is not a power to acquire any estate … Continue reading Lewisham Borough Council v Roberts: CA 1949
A claim was made for the price of goods sold and delivered. The defendant’s solicitor gave an oral undertaking to his counterpart to procure the execution by directors of his client company of charges over their homes in return for an adjournment sine die. The charges were not executed, and the defendant company went into … Continue reading Udall v Capri Lighting Ltd (in liquidation): CA 1987
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
The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared. Held: It was … Continue reading Parkins v City of Westminster: CA 20 Nov 1997
The court was asked whether an agreement was an assured shorthold tenancy agreement with the 1988 Act. The agreement incorrectly stated a date which would have terminated the secure tenancy after five not six months. There was also disagreement about whether a garage was included in the let. The landlord having died, his personal representative … Continue reading Mundy v Hook: CA 18 Jul 1997
Four asylum seekers had been deprived of benefits, and left destitute. They had sought housing assistance from the authority, claiming that the complete absence of resources left to them was an ‘other special reason’ leaving them vulnerable within s59. Held: Such destitution was capable of being a reason within the Act, and the appeal against … Continue reading Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996
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
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977
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
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
UTLC LANDLORD AND TENANT – RENT DETERMINATION – assured periodic tenancy – whether agreement provided for contractual rent review and so precluded reference of proposed new rent to tribunal – whether mere statement of tenants’ rights – ss 13-14, Housing Act 1988 – appeal dismissed [2016] UKUT 405 (LC) Bailii England and Wales Landlord and … Continue reading Chouhan v The Earls High School: UTLC 15 Sep 2016
Section 89 does not apply to an order for possession made by the High Court, and an application for an adjournment of a possession order must be refused. The word ‘Court’ must be construed to refer to the County Court only: ‘possession of a dwelling house under a rental purchase agreement is a matter which … Continue reading Bain and Co v Church Commissioners for England: ChD 1989
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had inevitably carried the traffic from the bulletin boards to their own customers. Held: The claims were struck … Continue reading Bunt v Tilley and others: QBD 10 Mar 2006
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
UTLC LANDLORD AND TENANT – Rent Determination – first-tier tribunal determining rent for flat on reference under Housing Act 1988 section 13 by applying criteria set out in Housing Act 1988 section 14 – whether first-tier tribunal erred in law – whether tenancy a protected or statutory tenancy governed by the Rent Act 1977 rather … Continue reading Bacon v Mountview Estates Plc: UTLC 28 Oct 2015
UTLC LANDLORD AND TENANT – Rent Determination – assured periodic tenancy – determination of market rent – reduction in rent owing to state of premises – refusal of access by tenant to landlord to enter the premises to undertake repairs – implied term to enter the premises – Housing Act, sections 14 and 16 [2015] … Continue reading North Lincolnshire Homes Ltd v Bentley: UTLC 13 Aug 2015
UTLC LANDLORD AND TENANT – RENT DETERMINATION – assured periodic tenancy – whether agreement provided for contractual rent review and precluded reference of proposed new rent to First-tier Tribunal – new service charge for support and intensive housing management services not required by tenant – market rent determined by reference to comparable without such services … Continue reading Helena Partnerships Ltd v Brown: UTLC 25 Jun 2015
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
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
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
A failure by a landlord under the pre-1996 assured shorthold tenancy regime, to insert the correct tenancy dates in a shorthold notice, meant that the tenancy became an assured tenancy, since the arrangement failed to meet the requirements to create a shorthold tenancy. The divisional court had decided that the landlord’s possession action had failed, … Continue reading Clickex Ltd v McCann: CA 26 May 1999
What makes a road a Road? The Court was asked whether a Road was a ‘road’ for the purposes of the 1984 Act’ Held: It has often been said that the public access mentioned in the definition of ‘road’ must be both actual access and legal or lawful access. However, simple reference to a requirement … Continue reading Bowen and Others v Isle of Wight Council: ChD 3 Dec 2021
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
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
The claimant had applied for housing as a homeless person and was found temporary accomodation pending the respondent’s decision. When eventually the decision went against the claimant, the claimant argued that the authority was obliged to recover the licensed accomodation through court proceedings. Held: The appeal failed. Moses, Kitchin, Floyd LJJ [2013] EWCA Civ 805, … Continue reading ZH, Regina (on The Application of) v London Borough of Newham: CA 11 Jul 2013
The claimants had applied for housing as homeless. They were given accommodation pending the authority’s final decisions. Those decisions were thet the claimants were homeless intentionally. The authoity’s set out to recover possession. The claimants said that under the 1977 Act, the authority was obliged first to obtain a court order. Held: The request for … Continue reading CN, Regina (on The Application of) v London Borough of Lewisham: CA 11 Jul 2013
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
The court explained the nature of an estoppel by convention. Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone through them all in this judgment. It has evolved … Continue reading Amalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd: CA 1982
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007
The Council had been found to have unlawfully evicted the respondent, and now appealed against the calculation of statutory damages awarded. It said that the court should in its valuation have allowed for the propensity for a move from a secure tenancy with the authority to an assured tenancy with a housing association on the … Continue reading London Borough of Lambeth v Loveridge: CA 10 May 2013
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
‘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 that ‘an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that … Continue reading Haile v London Borough of Waltham Forest: SC 20 May 2015
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 be a dwelling. Each case must be interpreted in its own light as a question of fact, but respecting the intent of the legislation. Social changes now mean … Continue reading Uratemp Ventures Limited v Collins: HL 11 Oct 2001
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence and or contact. The other mother took the children secretly to … Continue reading In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner): HL 26 Jul 2006
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 applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
