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
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
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Citations: [2008] EWCA Civ 140, [2008] BLGR 628, [2008] ACD 193 Links: Bailii Statutes: Housing Act 1996 167 Jurisdiction: England and Wales Cited by: Appeal from – Ahmad, Regina (on the Application of) v London Borough of Newham HL 4-Mar-2009 The claimant wished to be rehoused by the defendant authority. He complained that their allocations … Continue reading Ahmad, Regina (on the Application Of) v London Borough of Newham: CA 29 Feb 2008
The Authority had established a scheme under section 167 for the allocation of its housing accomodation. Judges: Hughes J Citations: [2006] EWHC 1041 (Admin) Links: Bailii Statutes: Housing Act 1996 167 Jurisdiction: England and Wales Cited by: Appeal from – Lin, (Regina on the Application of) v London Borough of Barnet CA 22-Feb-2007 The claimant … Continue reading Lin, Hassan v Barnet London Borough Council: Admn 11 May 2006
The claimant challenged the authority’s housing policy which sought to implement national guidelines awarding points to housing applicants and allocating housing accordingly. He said it did not give adequate protection to the homeless. Held: The scheme did give some preference to homeless people, and the form of implementation of the national policy was within a … Continue reading Lin, (Regina on the Application of) v London Borough of Barnet: CA 22 Feb 2007
The court considered the lawfulness of the defendant authority’s housing policy. Collins J said: ‘Unless it is clear that no applicants who are not entitled to preference are able to compete on equal terms with those who are, the scheme cannot secure that the necessary head start is given’. A policy was irrational if it … Continue reading London Borough of Lambeth v A: CA 23 Jul 2002
The claimant who the defendant accepted lived in severely overcrowded conditions with his family, said that the defendant’s allocation policy was unlawful in debarring tenants such as himself who were in rent arrears from being allocated a property, and/or that the policy was being unlawfully implemented. Judges: Nicol J Citations: [2011] EWHC 1756 (Admin) Links: … Continue reading Babakandi v Westminster City Council: Admn 6 Jul 2011
Judges: Lord Justice Judge Lord Justice Pill Citations: [2003] EWCA Civ 919 Links: Bailii Statutes: Housing Act 1996 167(2) Jurisdiction: England and Wales Local Government, Housing Updated: 07 June 2022; Ref: scu.184225
The claimant was in local authority housing. She was disabled and sought leave to apply for judicial review of the authority’s failure to include her in a priority category for rehousing. Held: In view of the impending Court of Appeal decision in Wahid, her case may be arguable and she should be given leave to … Continue reading Kharazmi v London Borough of Lambeth: Admn 11 Feb 2002
The claimant had sought to be housed by the respondent for seven years. She had been temporarily rehoused, but because the council implemented a policy of rehousing according to current need, she lost her priority. Held: The policy was lawful. The council faced overwhelming demand, and the selection between schemes was a political one. The … Continue reading Ibrahim v Redbridge London Borough Council: QBD 17 Dec 2002
UTLC LANDLORD AND TENANT – administration charges – covenant to pay costs of proceedings – whether costs incurred ‘in or in contemplation of’ proceedings under s.146, Law of Property Act 1925 – Freeholders of 69 Marina v Oram considered – s.81, Housing Act 1996 – ss.167-169, Commonhold and Leasehold Reform Act 2002 – appeal allowed … Continue reading Barrett v Robinson: UTLC 29 Jul 2014
The claimant sought to challenge the defendant’s housing allocation policy. He said that as a homeless person he should have been given a reasonable preference for housing. The authority said he was not in priority need, and that the temporary accomodation provided in a guest house meant that he was no longer homeless. Held: The … Continue reading Alam v London Borough of Tower Hamlets: Admn 23 Jan 2009
The claimant wished to be rehoused by the defendant authority. He complained that their allocations policy was unlawful. Once an applicant was deemed in priority need, he entered a pool if such persons and houses were allocated (save in extreme cases) to the persons longest on that list. He said that the policy should have … Continue reading Ahmad, Regina (on the Application of) v London Borough of Newham: HL 4 Mar 2009
Citations: [2006] EWCA Civ 1672 Links: Bailii Statutes: Housing Act 1996 190(1) Jurisdiction: England and Wales Housing Updated: 31 October 2022; Ref: scu.246964
The court considered whether a successful appeal against a local authority’s decision on the need for emergency housing should lead to the case being remitted to them for a further review. May LJ defined the question to be: ‘whether there was any real prospect that Tower Hamlets, acting rationally, and with the benefit of further … Continue reading London Borough of Tower Hamlets v Deugi: CA 7 Mar 2006
Judges: Akenhead J Citations: [2010] EWHC 1409 (TCC) Links: Bailii Statutes: Housing Grants Construction and Regeneration Act 1996 Jurisdiction: England and Wales Contract, Construction Updated: 01 July 2022; Ref: scu.416797
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions on disputed facts, and reviewing its own decisions on those facts. It was not acting … Continue reading London Borough of Tower Hamlets v Runa Begum: CA 6 Mar 2002
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
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority now appealed. Held: The County Court in reviewing such decisions under the section, … Continue reading London Borough of Newham v Adan: CA 14 Dec 2001
A local authority having served a notice on the tenant that the tenancy granted was under the section and therefore introductory, was not obliged to reserve a notice before beginning possession proceedings, even though several months may have passed since the review requested by the tenant under the notice, and the situation had changed. Held: … Continue reading Cardiff City Council v Stone: CA 29 Jan 2002
The claimant authority sought leave to appeal refusal of a possession order after the was said to have broken a term of his tenancy by allowing the sale of cannabis in the house. The judge had found a breach of natural justice when the authority had made its file available for inspection only six days … Continue reading Goodger v London Borough of Ealing: CA 17 Jan 2002
The tenant challenged by way of judicial review the council’s policy which allowed them to defer receipt for five years of any application for housing from someone who had been evicted from one of their properties for a reason other than debt. Held: The Act gave a wide discretion to local authorities as to how … Continue reading Regina (Giles) v Fareham Borough Council: QBD 13 Dec 2002
The claimant challenged the council’s policy for allocating council houses. The policy would allocate applicants to a class, and once a property was available to that class, it was given to the person longest on the list within that class. Judges: Nicholas Blake QC Citations: [2007] EWHC 2332 (Admin) Links: Bailii Statutes: Housing Act 1996 … Continue reading Ahmad, Regina (on the Application of) v London Borough of Newham: Admn 11 Sep 2007
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
The claimant sought damages under the 1977 Act. The defendant said it had behaved lawfully. He had been housed in a hostel pending a decision on the application for permanent housing as a homeless person, which the defendant said excluded him from protection under the 1977 Act. Held: The claimant’s appeal failed.Auld LJ said: ‘the … Continue reading Rogerson v Wigan Metropolican Borough Council: QBD 14 Jul 2004
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of the shares, the figure was 20% and soon to be reduced to 15%. It said … Continue reading Bank Mellat v HM Treasury: QBD 11 Jun 2010
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002
A young offender was to be released subject to being tagged. He wished to apply for housing.
Held: The claimant should be considered homeless. He had ‘no accomodation available for his occupation’ under the Act. Prison was not a right to . .
The Council had taken leases of properties from a Housing Association to provide accomodation to the homeless, satisfying its statutory duties. The tenant B was said to be a non-secure tenant, but the tenancy agreement did not reflect the terms of . .
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
