Citations: [2017] EW Misc 10 (CC) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 27 March 2022; Ref: scu.590778
A female tenant endured six years of misery caused by cockroaches, described as a quite appalling infestation for which she was in no way responsible. Held: The court was not satisfied that the dismissal of the tenant’s claim was the right result which the law ought to reach and that the tenant ought to have … Continue reading Habinteg Housing Association v Jones: CA 1995
The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly. Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 Act was expropriatory in nature. Millet LJ said: ‘It would, in my opinion, be wrong to disregard the … Continue reading Cadogan v McGirk: CA 25 Apr 1996
Local Authority tenants sought to exercise their statutory right to purchase their council house. The third defendant had registered against the title a right of pre-emption protecting a feu charter registered in the Registry of Sasines. Held: A Local Authority could sell a house to a secure tenant despite a feu charter on the title … Continue reading Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland): HL 14 Nov 1996
The tenants had sought to purchase the freehold under the 1987 Act. One tenant having signed an ‘irrevocable’ agreement to participate, withdrew his involvement in the purchase, and the remaining number of tenants were no longer a sufficient majority under the Act. Held: The individual tenant’s right not to participate in the purchase of a … Continue reading Mainwaring and Yeoman’s Row Management Limited v Trustees of Henry Smith’s Charity (No 2): CA 3 Oct 1996
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
Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability under the contract. Held: The mistake had been innocent, but the ‘basis’ clause … Continue reading Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: TCC 8 Nov 2012
The court considered the recoverability of the fees an arbitrator appointed under the 1996 Act, were the award had been determined unenforceable for a breach of the rules of natural justice. Held: The appeal against an order for payment of he fees succeeded. The arbitrator had not fulfilled the contract for which he had been … Continue reading PC Harrington Contractors Ltd v Systech International Ltd: CA 23 Oct 2012
Citations: [1996] EWCA Civ 1235, [1999] 1 LI Rep 747 Jurisdiction: England and Wales Cited by: Cited – Great Future International Limited and Others v Sealand Housing Corporation (in Liquidation) and Others ChD 3-Dec-2002 The claimants were to be awarded damages, having been fraudulently induced to purchase shares. The defendant claimed that the increase in … Continue reading Standard Chartered Bank v Pakistan National Shipping Corporation and Another: CA 17 Dec 1996
Citations: [1996] EWCA Civ 1080 Jurisdiction: England and Wales Citing: See Also – 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. … Continue reading Bruton v London and Quadrant Housing Trust: CA 3 Dec 1996
Possession action – rent arrears. Citations: [1996] EWCA Civ 904 Jurisdiction: England and Wales Housing Updated: 03 November 2022; Ref: scu.140771
A rent allowance underpayment was not to be set off against Housing Benefit arrears. Citations: Times 09-Dec-1996, [1996] EWCA Civ 1018 Statutes: Social Security Contributions and Benefits Act 1992 Jurisdiction: England and Wales Benefits Updated: 03 November 2022; Ref: scu.81239
Public policy rendered an assignment of a remedy void, where the assignment was an attempt to split it from another remedy. For the purpose of construing a contract the law excludes from the admissible factual background the previous negotiations of the parties. This is due to ‘reasons of practical policy’. What is said in the … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society and Others: CA 1 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
Notice to quit was not serveable at last known address of the defendant without specific power. Citations: Times 12-Dec-1996, [1996] EWCA Civ 1048 Statutes: Local Government Act 1972 233 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 03 November 2022; Ref: scu.80329
The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association. Held: A Local Authority had no power to guarantee a loan to an unregistered housing association. Section 111(1) of the 1972 Act could not be … Continue reading London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough of Sutton v Morgan Grenfell and Co Ltd Wellesley Housing Association Ltd: CA 24 Oct 1996
The authority appealed a fine of pounds 5,000 for a breach of an undertaking to carry out repairs to their tenant’s property. They complained that there had been no evidence of previous breaches, and that the judge had been wrong to take account of other breaches. Held: The authority might have applied for an adjournment, … Continue reading Regina, ex parte London Borough of Hackney v Mullen: CA 18 Oct 1996
A transfer of property application in divorce ancillary relief proceedings was properly affected by the Local Authority’s housing policies. Citations: Times 17-Oct-1996, [1996] EWCA Civ 595 Statutes: Matrimonial Causes Act 1973 24 Jurisdiction: England and Wales Family, Housing Updated: 31 October 2022; Ref: scu.82605
A tenat’s right to buy property should not effect the assessed fair rent on review. Citations: Times 09-Aug-1996 Statutes: Housing Act 1985 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 31 October 2022; Ref: scu.79958
Accommodation provided by a local authority need not be permanent in order to satisfy the statutory requirement to assist somebody in need of assistance for homelessness. The full duty might be discharged by securing the offer of an assured shorthold tenancy of suitable premises Judges: Sir Thomas Bingham MR Citations: Times 07-Jun-1996, [1997] QB 953 … Continue reading Regina v Wandsworth London Borough Council Ex Parte Wingrove; Regina v Same Ex Parte Mansoor: CA 7 Jun 1996
Customary rights over land were not defeated by failure to register as common. ‘As of right’ meant that the right must be exercised in the belief that it is a right enjoyed by the inhabitants of the village to the exclusion of all other people. ‘it is no trivial matter for a landowner to have … Continue reading Regina v Suffolk County Council Ex Parte Steed and Another: CA 2 Aug 1996
The owner-occupier compensation supplement payable on a compulsory purchase carries interest. Citations: Times 11-Jun-1996 Statutes: Housing Act 1969 68 Sch 5 Jurisdiction: England and Wales Land Updated: 31 October 2022; Ref: scu.89183
Notice determining tenancy effectively was notice requiring possession. Citations: Times 15-Jul-1996 Statutes: Housing Act 1988 21(1)(b) Jurisdiction: England and Wales Landlord and Tenant Updated: 31 October 2022; Ref: scu.80482
The fact that a secure tenant was an illegal and an overstaying immigrant and therefore should not have been granted a tenancy, gave no right to the council as landlord summarily to evict him. Citations: Gazette 22-May-1996, Times 13-May-1996, (1996) 29 HLR 259 Statutes: Housing Act 1985 81 Jurisdiction: England and Wales Cited by: Cited … Continue reading Akinbolu v Hackney London Borough Council: CA 13 May 1996
The landlord council and tenant claiming his right to buy disputed the reasonableness of terms proposed by the council for inclusion in the lease. The tenant served a RTB6 notice and the landlord served a RTB7 Counter notice relying on the reasonableness of the terms proposed. The tenant served a RTB8 operative notice of delay … Continue reading Guinan v Enfield London Borough Council: CA 1996
B occupied a room in a hotel. He sought an injunction to prevent his eviction, arguing first that he was a tenant protected by the Housing Act 1988 and second that he was protected under the Protection from Eviction Act 1977. His application was refused. Held: His appeal was also dismissed. To claim under the … Continue reading Brillouet v Landless: CA 1996
The respondent mortgagee had obtained an order for possession against the mortgagor freeholder, referred to in the judgment as ‘the Chief’, who had, prior to the mortgage, granted a tenancy to the appellant. Held: The landlord’s retention of a right to use the kitchen made the tenancy a restricted tenancy even though no use was … Continue reading The Mortgage Corporation Ltd v Ubah: CA 21 Mar 1996
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were overstaying. Citations: Independent 23-Feb-1996, Gazette 20-Mar-1996, Times 27-Feb-1996, (1996) 28 … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996
Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as opposed to a notional basis, otherwise that which the landlord was ordered to pay to the … Continue reading Melville v Bruton: CA 29 Mar 1996
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address of agent: Acting Agent RM’ with the address. This notice … Continue reading Marath and Another v MacGillivray: CA 5 Feb 1996
The employee at the time of her dismissal was expressly debarred by statute from bringing her complaint of unfair dismissal because she was a part-time employee. It was only many years later the statute was held to impugn EU law and had done so retrospectively. Held: Despite the fact that the Claimant could not have … Continue reading Biggs v Somerset County Council: CA 29 Jan 1996
The claimant had obtained an order for possession against the defendant for her repeated anti-social behaviour. The court granted in addition to the possession order an injunction restraining the defendant from coming near the premises for a further five years. Held: The jurisdiction to make such an injunction lasted only as long as did the … Continue reading Medina Housing Association v Case: CA 16 Dec 2002
The defendants appealed convictions for fraud. It was alleged they had made multiple and false claims for housing and other benefits. Some evidence was admitted which should only have been admitted on the basis of it being similar fact evidence. Although the section would require no question to be put as to the defendant’s character, … Continue reading Regina v Kokogho and Kokogho: CACD 31 Jul 1996
Judges: Keith J Citations: [2004] EWHC 1084 (Admin) Links: Bailii Statutes: Housing Act 1996 2(1) Jurisdiction: England and Wales Housing Updated: 11 September 2022; Ref: scu.198214
The Secretary of State had introduced regulations which excluded the statutory right to payment of ‘urgent case’ benefits for asylum seekers who had not claimed asylum immediately upon arrival, or whose claims for asylum had been rejected, and who were awaiting appeal. Held: Leaving asylum applicants without benefits defeated the purpose of the asylum laws. … Continue reading Regina v Secretary of State for Social Security Ex Parte B and the Joint Council for the Welfare of Immigrants: CA 27 Jun 1996
Unfair Dismissal – Contract of Employment – Religion or Belief Discrimination – The EAT considered the interpretation of ss. 108(4) of the Employment Relations Act 1996 and in particular whether the ERA enabled an employee to claim unfair dismissal in the first two years of employment where the dismissal ‘relates to’ political opinions or affiliation. … Continue reading Scottish Federation of Housing Associations v Jones: EAT 21 Jul 2022
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
EAT UNFAIR DISMISSAL: Automatically unfair reasons PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke The employee claimed that she had been dismissed for making protected disclosures and that her dismissal was unfair under s98A(1) and 98(4) of the Employment Rights Act 1996 (ERA). She failed on protected disclosure; the dismissal was unfair under s98A(1) but if a proper … Continue reading Muchesa v Central and Cecil Housing Care Support: EAT 22 Aug 2008
The claimants were tenants of a charitable housing association, and sought the enfranchisement of their leasehold properties. The landlord appealed a declaration that the tenants were so entitled, saying that each of the tenants was excluded from the right to collective enfranchisement because his flat ‘forms part of the housing accommodation provided by (the Appellant) … Continue reading Richmond Housing Partnership Ltd v Brick Farm Management Ltd: QBD 28 Jul 2005
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
Citations: [1996] EWHC Admin 41 Statutes: Environmental Protection Act 1990 80(4), Control of Pollution Act 1974 60(8) Jurisdiction: England and Wales Citing: Cited – A Lambert Flat Management Ltd v Lomas 1981 The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) … Continue reading AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden: Admn 19 Jul 1996
Citations: [1996] EWHC Admin 4 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001 The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly. Held: That promise had … Continue reading Regina v London Borough of Newham ex parte Bibi, Regina v London Borough of Newham ex parte Al-Nashed: Admn 18 Jan 1996
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority appealed. Held: The agreement had created a new tenancy even after a final possession … Continue reading Burrows v Brent London Borough Council: HL 31 Oct 1996
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become secure tenants, having been allowed to continue in possession after breach of the terms of the … Continue reading London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration. Held: The appeal failed. There was nothing in … Continue reading Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004
Citations: [2002] EWCA Civ 1263 Links: Bailii Statutes: Housing Act 1996 153 Jurisdiction: England and Wales Criminal Sentencing, Contempt of Court Updated: 21 June 2022; Ref: scu.217446
Before the alleged transfer, the undertaking of general building work operations, was carried on by the Northern Ireland Housing Executive through its Direct Labour Organisation then divided into four districts. The employee worked in two units then contracted out to two separate building contractors. In unfair dismissal proceedings it was asked whether there had been … Continue reading Hassard v Mc Grath and Others: CANI 1996
Application for summary judgment in application to enforce arbitration award under the Act. Citations: [2000] EWHC Technology 67 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 Construction Updated: 13 June 2022; Ref: scu.201820
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
Priority housing need applicant must show some partial dependency of children. Citations: Times 03-Oct-1996 Statutes: Housing Act 1985 58(1)(b) Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88295
Loss of a house from ignorance of benefit rules was not deliberate homelessness. Citations: Times 16-Jul-1996, (1996) 29 HLR 389 Statutes: Housing Act 1985 60(3) Jurisdiction: England and Wales Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The authority found her … Continue reading Regina v Westminster City Council Ex Parte Obeid: QBD 16 Jul 1996
Local Authority not obliged to place all applicants on housing waiting list – old rent arrears. Citations: Times 11-Jun-1996 Statutes: Housing Act 1985 22 Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88339
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
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002
A refugee from Bosnia moved from Kirklees to London, where she applied for accomodation as being homeless. Hammersmith accepted that she was owed a duty, but referred her back to Kirklees in September. Her solicitors then sent in more material which the LHA considered before, in January, refusing her again. The reconsideration of the case … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: CA 2 Jan 1996
Contract of Employment : Sick Pay and Holiday Pay CONTRACT OF EMPLOYMENT – Damages for breach of contract UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal WORKING TIME REGULATIONS – Holiday pay VICTIMISATION DISCRIMINATION – Dismissal The Appeal Tribunal dismissed an appeal against conclusions that the Appellant had not been … Continue reading Juric v Look Ahead Care Support and Housing: EAT 29 Oct 2018
A Local authority must investigate the personal circumstances of a tenant before seeking an eviction order. Citations: Times 02-Jan-1997, [1996] EWHC Admin 377 Links: Bailii Statutes: Criminal Justice and Public Order Act 1994 77(1) Housing Updated: 25 May 2022; Ref: scu.136925
The period of twenty years required to establish a common under the Act was the period up to the date of the application. Judges: Dyson J Citations: [1996] EWHC Admin 385, (1996) 74 PandCR 1 Links: Bailii Statutes: Commons Registration Act 1965 Citing: Cited – New Windsor Corporation v Mellor CA 1975 The respondent had … Continue reading Regina v Norfolk County Council ex parte Perry: Admn 19 Dec 1996
ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer. Citations: Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94 Links: Bailii Statutes: EC Directive 77/187/EEC Cited by: … Continue reading Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 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
One of two joint tenants was able to give a notice to quit a joint periodic tenancy, without first referring to the co-tenant. If this was inappropriate, then it was for Parliament to change the law. Such a notice was not the exercise of a ‘function’ relating to the land within the Act, and accordingly … Continue reading Notting Hill Housing Trust v Brackley and Another: CA 24 Apr 2001
The authority had taken possession proceedings against the secure tenant for non-payment of rent, and obtained an order, suspended on condition as to payments. He again fell into arrears, and the authority made a further agreement. They now sought issue of a warrant, and the tenant argued that a new possession was required, saying that … Continue reading Greenwich London Borough Council v Regan: CA 31 Jan 1996
No undertaking for damages was to be required of a Local Authority exercising a statutory duty. The grant of an injunction in favour of a local authority performing law enforcement duties did not necessarily carry with it a cross-undertaking on damages of a type that is familiar in private litigation. Judges: Scott Baker J Citations: … Continue reading Coventry City Council v Finnie and Another: QBD 2 May 1996
Failure to execute works is a continuing breach as long as undone and after the notice period. Citations: Times 11-Jul-1996 Statutes: Housing Act 1985 376(1) Housing Updated: 19 May 2022; Ref: scu.78853
A Local Authority has no duty of care for the correctness of a valuation undertaken for a right to buy transaction. It was not just or reasonable to impose a duty of care on a local authority in connection with its statement of its opinion as to price in a Section 125 Notice. Judges: Douglas … Continue reading Blake and Another v Barking and Dagenham London Borough Council: QBD 1 Nov 1996
After deliberately losing her tenancy, the authority had provided the appliant with temporary accomodation in a guest house, but after her housing benefits were halved she lost that accomodation also. Held: The authority had a duty to house her. The change in the level of housing benefits had operated to break the chain of causation, … Continue reading Regina v London Borough of Harrow ex parte Fahia: 1996
Homelessness enquiry must extend to all appropriate departments within authority. Citations: Times 30-Apr-1996 Statutes: Housing Act 1985 62 Jurisdiction: England and Wales Housing Updated: 15 May 2022; Ref: scu.86280
Judges: Toulson J Citations: [1996] 29 HLR 87 Cited by: Cited – Regina v London Borough of Wandsworth ex parte Ann Garvey Admn 8-Apr-1997 The claimant said that the housing offered to her as a single mother with four children, one hyper-active, was inadequate. It was complained that the Doctor advising the authority had included … Continue reading Regina v Greenwich London Borough Council ex parte Dukic: 1996
The lender claimed possession as chargee under a legal charge granted by the respondents who filed Defences contending that the claimant had agreed to replace the secured loan and to waive its remedies for default under the charge. The claimant said the defence was misconceived. The District Judge declined to make a possession order, and … Continue reading Scotlife Home Loans v Hedworth: CA 1996
Outer House – Lord Clyde reiterated his view, rejecting a challenge by counsel for the defenders, that section 11(3) was concerned only with awareness of loss, a matter of fact, and not with matters of legal liability. Judges: Lord Clyde Citations: 1996 SLT 150 Statutes: Prescription and Limitation (Scotland) Act 1973 Cited by: Cited – … Continue reading Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996
Judges: Sheriff J.A. Taylor Citations: 2002 SLT 103 Links: ScotC Statutes: Housing Grants, Construction and Regeneration Act 1996 111 Jurisdiction: Scotland Cited by: Cited – Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis CA 12-Nov-2003 The defendants had engaged the claimants under standard form clauses for construction work. They issued a notice to … Continue reading Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate): ScSf 1 Oct 2002
(Inner House) Information set out in a proposal form was incorrect and the declaration made by the insured was incorporated as the basis of the insurance. The insurer repudiated liability. Citations: 1996 SLT 1197 Cited by: Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013 The housing association was to develop … Continue reading Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd: SCS 1996
Citations: (1996) 29 HLR 202 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 Bolnore Properties Ltd v Cobb: 1996
The applicant challenged a referral of her application for housing as a homeless person by Hammersmith back to Kirklees from where she had moved. She had a cousin in Hammersmith. Held: Her application for judical review failed. Tucker J: ‘Section 61(1) of the Housing Act provides that a local connection may be established by any … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: QBD 1996
Citations: [1996] EWHC Admin 123 Statutes: Housing Act 1985 65(2) Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.136671
Sets limits to the degree of family connection required to establish a connection. Citations: Times 11-Jun-1996 Statutes: Housing Act 1985 61(1) Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.86801
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
The proper length of suspension of a possession order to allow a sale is a question for each case. Citations: Times 24-Jan-1996 Statutes: Administration of Justice Act 1970 Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.84173
The plaintiff had acquired land to build a hospital, which would require re-alignment of a link road, over which the defendants had rights of way. The land was also subject to a restrictive covenant in favour of the defendants. The defendants did not object, and the re-alignment of the right of way would improve the … Continue reading Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust and Others: ChD 11 Jun 1998
The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at the grandmother’s property; at the expiry of the three months had … Continue reading Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996
Parliament had made detailed provision in a number of Acts for the discharge of the housing duties by local authorities. These detailed provisions did not contain a power to give a guarantee in connection with a bank loan to a company which the local authority had formed to assist in the acquisition and development of … Continue reading Credit Suisse and Another v Waltham Forest London Borough Council: CA 20 May 1996
Statutory tenancy after contractual one binding on mortgagee is also binding. Citations: Times 12-Nov-1996 Jurisdiction: England and Wales Landlord and Tenant, Housing, Land Updated: 13 April 2022; Ref: scu.84820
A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for entitling the couple to qualify as a family. The couple would qualify by themselves, … Continue reading T Petitioner: OHCS 20 Aug 1996
The local connection test for rehousing may be applied as at the date of the application for housing: ‘In my judgment a local authority may properly ask itself whether the applicant had a local connection . . at the date of the application under Part III of the Housing Act, 1985 so long as it … Continue reading Regina v Newham London Borough Council Ex Parte Smith: QBD 11 Apr 1996
The claimant sought to challenge a refusal of the Housing Authority to pay housing benefit. The Secretary of State had made the relevant Regulations determining eligibility for benefits. If the challenge were successful, the Secretary of State would be affected financially by reason of his obligation to pay sums to the Authority. Held: The Secretary … Continue reading Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996
Rent arrears are a proper consideration for a Local Authority in allocating a housing tenancy. Citations: Times 11-Apr-1996 Statutes: Housing Act 1985 22 Housing Updated: 09 April 2022; Ref: scu.87102
The words ‘other special reason’ for housing need within the section are to be to be read narrowly. The section was to be read as a whole and was not indended to cover impecuniosity through the denial of benefits. Citations: Times 01-May-1996 Statutes: Housing Act 1985 59(1) Cited by: Appeal from – Regina v Kensington … Continue reading Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar: QBD 1 May 1996
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994
A possession order was properly made against a tenant for the misbehaviour of a family member. Citations: Times 15-Jul-1996, [1996] 29 HLR 507 Statutes: Housing Act 1985 Sch 2 Part 1 Jurisdiction: England and Wales Cited by: Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997 The local authority had obtained a possession … Continue reading Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy would be void if any fact warranted in the proposal was wrong. The form … Continue reading Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: CA 4 Oct 2013
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
An assured tenant sought to challenge a possession order made for rent arrears. He said that as a public body the landlord had a duty under human rights law to pursue all posssible alternate solutions before seeking possession. Held: The property was one taken over by the Association as former local authority housing stock and … Continue reading Weaver, Regina (on the Application of) v London and Quadrant Housing Trust: Admn 24 Jun 2008
The Board considered a banking transaction and the application of a chargeback by the bank, under which a loan was made only after a deposit by a third party against which it was secured, and particularly in the context of the insolvency of the bank itself. Held: Lord Mustill discussed the need to construe a … Continue reading Tam Wing Chuen v Bank of Credit and Commerce Hong Kong Ltd: PC 1996
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
A desire to attend at a mosque and to be near a Muslim school was insufficient local connection to make the local authority responsible for re-housing the applicant. Times 15-Apr-1996 Housing Act 1967 61 67 England and Wales Housing Updated: 31 October 2021; Ref: scu.88294
The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .