Search Results for: Housing Act 1988 8 9

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Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999

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

Lawal v Northern Spirit Limited: HL 19 Jun 2003

Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003

Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995

Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party. Held: The agreements were upheld, and were not shams even though they had been intended to work around the 1987 … Continue reading Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995

Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 1995

The rent assessment committee had rejected market rent comparables as an indicator of market rent for the subject premises, because, inter alia, they were not satisfied of the actual absence of scarcity, and thus found that the landlord had not demonstrated the unsoundness of registered fair rent comparables. Held: The decision was upheld. A fair … Continue reading Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 1995

Drake v Whipp: CA 30 Nov 1995

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

Drew-Morgan v Hamid-Zadeh: CA 13 May 1999

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

Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008

The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally exclude liability were unfair under the 1977 Act. Held: The appeal succeeded. Alternative remedies would … Continue reading Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008

Artesian Residential Investments Limited v Beck: CA 19 Mar 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

Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015

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

London and Quadrant Housing Trust v Root: CA 12 Jan 2005

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

Wandsworth London Borough Council v Osei-Bonsu: CA 22 Oct 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

London and Quadrant Housing Trust v Sandra Ison: 8 Sep 2003

(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

Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 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

Raglan Housing Association Ltd v Fairclough: CA 1 Nov 2007

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

Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998

When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998

Gray and others v Taylor: CA 2 Apr 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

Laimond Properties Limited v Al-Shakarchi: CA 10 Feb 1998

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

York and Another v Casey and Another: CA 16 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

Ujima Housing Association v Ansah and Another: CA 17 Oct 1997

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

Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997

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

Bruton v London and Quadrant Housing Trust: CA 31 Jul 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

King v Jackson (T/a Jackson Flower Company): CA 16 Jul 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

Andrews and Another v Brewer and Another: CA 17 Feb 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

Allen v Mansfield District Council and Another: LT 11 Jul 2008

LT RATING – alteration of rating list – Local Government Act 1988 section 66(1) – whether district heating systems (DHSs) serving local authority housing constituted domestic property – whether such DHS constituted an appurtenance belonging to or enjoyed with such housing. Citations: [2008] EWLands RA – 60 – 69 – 2005 Links: Bailii Statutes: Local … Continue reading Allen v Mansfield District Council and Another: LT 11 Jul 2008

Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

Melville v Bruton: CA 29 Mar 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

Marath and Another v MacGillivray: CA 5 Feb 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

Panayi and Pyrkos v Roberts: CA 1993

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

Mason v Nwokorie: CA 19 Oct 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

Nutting v Southern Housing Group Ltd: ChD 21 Dec 2004

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

N and D (London) Ltd v Gadson: 1991

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

Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

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

Mew and Another v Tristmire Ltd: CA 28 Jul 2011

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

North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004

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

Regina v Walsall Justices, ex parte W (a minor): QBD 1990

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

McDonald and Another v Fernandez and Another: CA 19 Jul 2003

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

University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004

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

Home Group Ltd v Lewis and others: LT 3 Jan 2008

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

Whitbread West Pennines Ltd v Reedy: CA 1988

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

Chohan v McManus: CA 24 Nov 2008

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

Regina v Thanet District Council ex parte Groves: QBD 1993

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 Bv and Others v Aslam and Others: CA 19 Dec 2018

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

Tagro v Cafane and Another: CA 23 Jan 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

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

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

Boyle v Verrall: CA 9 Aug 1996

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

London District Properties Management Ltd and Others v Goolamy and Another: Admn 16 Jun 2009

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

North Devon Homes Ltd. v Batchelor: CA 22 Jul 2008

The registered social landlord appealed refusal to grant possession of property held under an assured tenancy. Possession was sought for rent arears and for nuisance. Citations: [2008] EWCA Civ 840 Links: Bailii Statutes: Housing Act 1988 Jurisdiction: England and Wales Housing Updated: 17 July 2022; Ref: scu.270928

S v Floyd, Equality and Human Rights Commission: CA 18 Mar 2008

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

White v Knowsley Housing Trust and Another: CA 2 May 2007

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

Garrett v Halton Borough Council: CA 18 Jul 2006

Citations: [2007] 1 WLR 554, [2006] EWCA Civ 1017 Links: Bailii Statutes: Courts and Legal Services Act 1990 58, Access to Justice Act 1999 27(1) Jurisdiction: England and Wales Citing: Cited – Mountain v Hastings CA 16-Apr-1993 The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord … Continue reading Garrett v Halton Borough Council: CA 18 Jul 2006

Notting Hill Housing Trust v Roomus: CA 29 Mar 2006

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

Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005

The court was asked about transitional arrangements for Rent Act tenants after the 1988 Act: ‘If A, a Rent Act tenant, takes a new tenancy agreement after the commencement of the 1988 Act jointly with B, does B thereafter partake in the ongoing protection to which A would have been entitled if he, B, takes … Continue reading Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005

South Hams District Council v Shough and Others: CA 2 Dec 1992

There was a possible duty on a council not to evict trespassers claiming to be gypsies. If the authority had a duty to house the applicants, but failed to provide accommodation in accordance with that duty, it could be wrong to make an order supporting an attempt to evict them. The duty to house was … Continue reading South Hams District Council v Shough and Others: CA 2 Dec 1992

Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

Barrow and Amey v Kazim and Others: CA 31 Oct 2018

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

Regina v Tower Hamlets London Borough Council, ex parte Chetnik Developments Limited: HL 1988

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

Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004

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

Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

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

Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001

Parties appealed decisions as whether assured shorthold tenancy notices were valid despite errors. Held: If, notwithstanding errors or omissions, the substance of the notice was sufficiently clear to the reasonable person reading it, then the notice was likely to serve the purpose, and it could be valid. There was not a two stage test of … Continue reading Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001

Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999

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

City Council of Bristol v Lovell: HL 26 Feb 1998

A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998

Elitestone Ltd v Morris and Another: HL 1 May 1997

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

North British Housing Association Ltd v Sheridan: CA 29 Jul 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

Chehab v Cadogan Estates Ltd: UTLC 12 Sep 2018

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

Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008

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

Regina v London Borough of Harrow ex parte Byrne: Admn 28 Feb 1997

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

Westminster City Council v Clarke: HL 29 Apr 1992

An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a temporary base as part of their rehabilitation. Held: An … Continue reading Westminster City Council v Clarke: HL 29 Apr 1992

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Regina v London Rent Assessment Panel, Ex Parte Cadogan Estates Ltd: Admn 4 Jun 1997

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

Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

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