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
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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The claimant sought judicial review of decisions made as to his entitlement to housing for homelessness. It had referred him to a private lettings agency, and under its policy ceased to enquire further as to his homelessness. The claimant said that the council was in effect seeking to evade its responsibilities. Judges: Stadlen J Citations: … Continue reading RAW, Regina (on The Application of) v London Borough of Lambeth: Admn 12 Mar 2010
Challenge to authority’s failure to make decision on emergency housing request. Judges: Ouseley J Citations: [2008] EWHC 1149 (Admin) Links: Bailii Statutes: Housing Act 1996 184 Jurisdiction: England and Wales Housing Updated: 15 July 2022; Ref: scu.268719
The claimant had had her application for housing as a homeless person rejected by the council, and now said that it was unfair that the same officer had also rejected her subsequent application for temporary housing pending her appeal. Held: The Act intended the nomination of officers to make such decisions, and imposed specific rules … Continue reading Abdi, Regina (on the Application of) v London Borough of Lambeth: Admn 26 Jun 2007
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. Judges: Brooke LJ, Arden LJ, Longmore LJ Citations: [2005] EWCA Civ 1005 Links: Bailii Statutes: Housing Act 1996 184(1) Jurisdiction: England and Wales Citing: Cited – Azimi v Newham London Borough Council 2000 … Continue reading Cramp v Hastings Borough Council: CA 29 Jul 2005
The applicant had sought emergency housing with her husband, but refused accomodation on a particuar estate for her safety. She had then been evicted form the temporary housing supplied on the application. After a series of temporary arrangements she applied again. Her application was accepted but the previous offer and refusal were said to remain … Continue reading Griffin, Regina (on the Application of) v London Borough of Southwark: Admn 29 Oct 2004
Judges: Wilkie J Citations: [2006] EWHC 452 (Admin) Links: Bailii Statutes: Housing Act 1996 184 Jurisdiction: England and Wales Housing Updated: 07 May 2022; Ref: scu.239252
Judges: Lord Justice McCombe Citations: [2020] EWCA Civ 1458 Links: Bailii Statutes: Housing Act 1996 184 Jurisdiction: England and Wales Housing Updated: 03 April 2022; Ref: scu.655575
Renewed application for leave to appeal from refusal of judicial review in respect of the claimant’s homelessness apploication. Beatson LJ [2015] EWCA Civ 695 Bailii Housing Act 1996 184 England and Wales Housing Updated: 05 January 2022; Ref: scu.553824
[2003] EWHC 1350 (Admin) Bailii Housing Act 1996 184 England and Wales Housing, Local Government Updated: 28 December 2021; Ref: scu.185326
The claimant said that he was homeless and in priority need. He was seeking judicial review of the Council’s decision otherwise and now sought continuation of an order that he be provided with housing until the review at least was heard. . .
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The applicant lived in a caravan. It disappeared without trace, and he claimed emergency housing under the section. Was housing required as a result of an emergency flood fire or disaster? Held: There was in fact no explanation available for the loss, and it was not proper to require the applicant to provide one. Nevertheless, … Continue reading Higgs v Brighton and Hove City Council: CA 30 Jun 2003
This appeal raises two related points of law. First, where an applicant who is dissatisfied with a decision made pursuant to s. 184 of the Housing Act 1996 requests a review of that decision pursuant to s. 202 of the Act, what is the legal status of the requested decision if the authority issues and … Continue reading Ngnoguem v Milton Keynes Council: CA 19 Mar 2021
Challenge to decision that the claimant had become homeless intentionally. Judges: Bowers QC Citations: [2016] EWHC 1848 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 13 October 2022; Ref: scu.567653
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009
Challenge to refusal to accept applicant as homeless. Judges: Mr Sam Grodzinski QC Citations: [2019] EWHC 3480 (Admin) Links: Bailii Statutes: Housing Act 1996 183 184 Jurisdiction: England and Wales Housing Updated: 25 September 2022; Ref: scu.645834
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
Court Service Enforcement of an adjudicator’s decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of Shepherd v Mecright; applicability of Unfair Terms in Consumer Contracts Regulations 1999. Held: The contract was governed by an adjudication clause, the adjudicator had jurisdiction to determine whether … Continue reading Westminster Building Company Ltd v Beckingham: TCC 20 Feb 2004
Renewed application for permission to appeal against an order dismissing an appeal under section 204 of the Housing Act 1996 against the decision of a review officer to the effect that accommodation at Milton Keynes that had been offered to her under the Council’s Housing Act duties was suitable. Judges: Rimer LJ Citations: [2010] EWCA … Continue reading Norris v Milton Keynes Council: CA 27 Jan 2010
Judges: Lord Justice Moore-Bick Citations: [2010] EWCA Civ 222 Links: Bailii Statutes: Housing Act 1996 193 Jurisdiction: England and Wales Housing Updated: 14 August 2022; Ref: scu.418424
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence between the parties in March 1989 constituted a contract, which was to be classified … Continue reading Carmichael and Another v National Power Plc: HL 24 Jun 1999
ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy to provide effective relief for breach of property rights of rent-controlled flat owners Facts – The applicants were 21 owners or co-owners of residential buildings in Bratislava and Trnava to which a rent-control scheme … Continue reading Bitto And Others v Slovakia: ECHR 28 Jan 2014
The claimant challenged a decision of the authority that she had made herself intentionally homeless.She had gone to a refuge, then to stay with her mother. She had been found to be intentionally homeless. She then found a shorthold tenancy. When that was coming to an end the authority notified her that she remained intentionally … Continue reading Knight v Vale Royal Borough Council: CA 31 Jul 2003
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children. Held: The Act was inconsistent with her right to family life. The declaration of incompatibility was upheld. The section was an … Continue reading Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council: CA 14 Oct 2005
The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally suggested a loan, but then changed. Disagreements persisted after completion. Held: There was insufficient agreement to constitute … Continue reading Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she … Continue reading K v London Borough of Lambeth: CA 31 Jul 2003
Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time. Held: The applicant was entitled to reasonable notice, but all the circumstances of the present case pointed toward the inference … Continue reading Parker v Parker: ChD 24 Jul 2003
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 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 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
The court was asked whether Gosport BC correctly applied sections 175 and 177 of the 1996 Act in concluding that it was reasonable for a severely disabled applicant for housing to continue to occupy her accommodation. Citations: [2018] EWCA Civ 1846 Links: Bailii Statutes: Housing Act 1996 175 177 Jurisdiction: England and Wales Housing Updated: … Continue reading Lomax v Gosport Borough Council: CA 1 Aug 2018
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
The claimant appealed against rejection of his application for a grant in respect of works in his home for safety purposes. His son suffered a personality disorder resulting in aggressive behaviour. He sought a grant for the cost of creating separate bedrooms for the protection of the sibling. Held: The grants are mandatory, but could … Continue reading B, Regina (on the Application of) v Calderdale Metropolitan Borough Council: Admn 24 Jul 2003
Lord Justice Ward [2002] EWCA Civ 270, [2002] TCLR 21, [2002] BLR 217, [2002] CLC 905, [2002] CILL 1841, [2002] 1 WLR 2344, (2002) 18 Const LJ 425, 83 Con LR 99 Bailii Housing Grants, Construction and Regeneration Act 1996 England and Wales Construction, Arbitration Updated: 03 January 2022; Ref: scu.654551
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
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage by the breach rather than paid money to remedy it, an equitable … Continue reading British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd: ChD 19 Dec 1978
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012
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
The local authority submitted first that a person making a second application for emergency housing had to demonstrate a change of circumstance which might lead to a second application being successful and second that it was for the local authority to decide whether that test has to be satisfied. The applicant could not point to … Continue reading Regina v Harrow London Borough Council Ex Parte Fahia: HL 16 Sep 1998
The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act. Held: (Lord Hodge and Lord Toulson dissenting) The appeal was allowed. The natural … Continue reading David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014
The court considered what would amount to a contract in writing under the 1996 Act. Ward LJ said: ‘Section 107(2) gives three categories where the agreement is to be treated in writing. The first is where the agreement, whether or not it is signed by the parties, is made in writing. That must mean where … Continue reading RJT Consulting Engineers Ltd v DM Engineering (NI) Ltd: CA 8 Mar 2002
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .
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