When choosing areas for assessment of amenity values and scarcity values an area in which a tenant could reasonably expect to choose from ignoring the amenity area, but not a really large area such as the South East of England. Citations: Times 11-Dec-1998, Gazette 03-Feb-1999 Statutes: Rent Act 1977 70(1) 70(2) Jurisdiction: England and Wales … Continue reading Queensway Housing Association Ltd v Chiltern Thames and Eastern Rent Assessment Committee; Laira Properties Ltd v Same; Cherry Tree Investments v Similar Etc: QBD 11 Dec 1998
During the course of case management of a claim for unfair dismissal and disability discrimination, the Employment Tribunal considered applications to amend the claim to pursue claims for (a) unpaid annual leave under the WTR 1998; (b) unlawful deduction from wages and (c) breach of contract. The Tribunal allowed the amendment in respect of the … Continue reading Thomas v St Mungo Housing Association (Unfair Dismissal and Disability Discrimination): EAT 7 Sep 2021
Judges: Morison J P Citations:  UKEAT 780 – 96 – 2001 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Bryant v Housing Corporation CA 21-May-1998 A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where … Continue reading Bryant v The Housing Corporation: EAT 20 Jan 1997
The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate level of damages. For the breach of landlord’s covenant to repair. Held: The court allowed the … Continue reading English Churches Housing Group v Shine: CA 7 Apr 2004
Land from which nitrates were leeching off into rivers causing pollution, had to be designated as environmentally vulnerable land, if agricultural activities were a substantial even if only partially cause of the pollution. ‘As regards . . . the principle of proportionality, it is settled law that, in order to establish whether a provision of … Continue reading Regina v Ministry of Agriculture, Fisheries and Food and Commissioners of Customs and Excise, ex parte National Farmers’ Union and others: ECJ 5 May 1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
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
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
A change in accounting practice moving interest due to the year accrued did not affect average rate of interest to calculate housing revenue: ‘The words ‘payable on’ plainly do not refer to ‘the average rate.’ One cannot pay an average rate: one can only pay real interest, at whatever the appropriate rate may be. Equally, … Continue reading Regina v Secretary of State for the Environment, ex parte Council of the London Borough of Camden: HL 12 Mar 1998
A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession proceedings issued by the landlord could … Continue reading Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998
Judges: Lord Woolf MR, Morritt LJ, Tuckey LJ Citations:  EWCA Civ 1822 Jurisdiction: England and Wales Citing: Appeal from – Regina v Newham Borough Council ex parte Ojuri (No 5) Admn 11-Sep-1998 . . See Also – Regina v Mayor and Burgesses of London Borough of Newham (No 3) ex parte Ojuri Admn 9-Jul-1998 … Continue reading Regina v Mayor and Burgesses of London Borough of Newham ex parte Ojuri: CA 23 Nov 1998
The claimant had made more than one application for emergency housing. Held: ‘Clearly the mere assertion that an applicant’s claim ought to be considered cannot impose upon the local authority the onerous duty of making inquiries and considering the case afresh’ A fresh claim attracts all the substantive and procedural consequences of an initial claim … Continue reading Regina v Mayor and Burgesses of London Borough of Southwark ex parte Campisi: CA 9 Jul 1998
A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather more than an amendment and amounted to a substitution of a new claim which … Continue reading Bryant v Housing Corporation: CA 21 May 1998
Judges: David Pannick QC Citations:  EWHC Admin 880, (1998) 31 HLR 631 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Regina v Mayor and Burgesses of London Borough of Newham (No 3) ex parte Ojuri Admn 9-Jul-1998 When making decisions about the form of interim housing to be provided under the homelessness … Continue reading Regina v Newham Borough Council ex parte Ojuri (No 5): Admn 11 Sep 1998
Where children of a broken marriage split their time equally between both parents, but only one parent received all the Child Benefit, the local authority was entitled to set allowance for size of house supported by housing benefit on the same basis. Citations: Times 21-Jan-1999, Gazette 27-Jan-1999,  EWHC Admin 1141 Links: Bailii Statutes: Social … Continue reading Regina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant: Admn 17 Dec 1998
Citations:  EWHC Admin 1091 Links: Bailii Statutes: Housing Act 1985 189 190 Housing Updated: 27 May 2022; Ref: scu.139213
It was not necessary for environmental health officers to possess medical qualifications to express opinion as to whether or not premises were prejudicial to health as defined by section 79(1)(a) of the Act. The council appealed a finding that premises constituted a statutory nuisance. Held: The parties had exchanged reports from environmental health officers. Their … Continue reading London Borough of Southwark v Venette Simpson: Admn 3 Nov 1998
When making decisions about the form of interim housing to be provided under the homelessness provisions, the authority should pay heed to the statutory Code of Practice. Bed and breakfast accommodation was wrong for a family with children. Judges: Collins J Citations: Times 29-Aug-1998,  EWHC Admin 730, 31 HLR 452, (1999) 31 HLR 452 … Continue reading Regina v Mayor and Burgesses of London Borough of Newham (No 3) ex parte Ojuri: Admn 9 Jul 1998
Citations:  EWHC Admin 632 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 82 Housing, Benefits Updated: 27 May 2022; Ref: scu.138753
A rent assessment committee had given no sufficient justification for a finding of scarcity and calculation of fifty per cent reduction in the letting value. The reduction was set aside. Citations: Gazette 08-Apr-1998,  EWHC Admin 387 Links: Bailii Litigation Practice, Housing Updated: 27 May 2022; Ref: scu.138508
Application for leave to review was denied. The applicant sought to request the authority to review their initial review of their decision on his application for emergency housing. The authority had no such power, and its refusal could not be subject to judicial review. Citations:  EWHC Admin 206 Links: Bailii Statutes: Housing Act 1996 … Continue reading Regina v Ellioua: Admn 19 Feb 1998
Citations:  EWHC Admin 208 Links: Bailii Statutes: Housing Act 1985 Housing Updated: 27 May 2022; Ref: scu.138329
Citations:  EWHC Admin 183 Links: Bailii Statutes: Housing Act 1985 95 Housing Updated: 27 May 2022; Ref: scu.138304
Citations:  EWHC Admin 158 Links: Bailii Statutes: Rent Act 1977 70 Housing Updated: 27 May 2022; Ref: scu.138279
The local authority issued a noise nuisance abatement notice. By the time the matter came to the court, the nuisance had been abated. Held: The background situation justifying the issue of a nuisance abatement notice was to be assessed at the date at which it was issued, and not at the later date of a … Continue reading Surrey Free Inns Plc v Gosport Borough Council: Admn 28 Jan 1998
Gilliatt The parents of a child with profound and multiple learning difficulties provided evidence to the SENT from a psychologist that the child needed access to a 24 hour curriculum. There was also clear evidence that many of the family’s difficulties in caring for the child arose from their personal circumstances including inadequate housing and … Continue reading Regina v City of Wakefield Metropolitan District Council and Michael Dorsey, Special Educational Needs Tribunal ex parte Karen Lisa Greenwood: Admn 29 Jan 1998
Citations: HC Admin 24 Links: Bailii Statutes: Housing Act 1985 Part III Housing Updated: 27 May 2022; Ref: scu.138145
A council taking action to recover its own land by evicting travellers, was not obliged to have regard to guidelines which applied when considering recovering land for others about behaving humanely etc. Citations: Times 15-Jan-1998,  EWHC Admin 3 Links: Bailii Administrative, Housing Updated: 26 May 2022; Ref: scu.138124
Damages payable to a tenant for a landlord’s failure to repair whilst the tenant remained in the property were not separate damages for discomfort and diminution in rental value since these amounted to the same thing: ‘for periods when the tenant remains in occupation of the property, notwithstanding the breach of the obligation to repair, … Continue reading Wallace and others v Manchester City Council: CA 23 Jul 1998
The homeless applicant family were housed in two hostels approximately a mile apart. Held: A housing authority’s duty to provide interim accommodation pending homelessness decision extended to the provision of suitable accommodation. There was no justification for any other reading of the section. Housing which split up a family was not suitable.Scott Baker J said: … Continue reading Regina v Ealing London Borough Council Ex Parte Nicola Surdonja: Admn 20 Oct 1998
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
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
A homosexual claimed that an award of custody of his daughter to her mother was an unjustified interference with his right to respect for family life, and also with his right to respect for his private life since he was required in respect of his right of access to his daughter to conceal from her … Continue reading Salgueiro da Silva Mouta v Portugal: ECHR 1 Dec 1998
The court considered the matters to be taken into account by a local authority when setting its housing policy: ‘I do not believe that a local housing authority, considering (as it is right that it should) whether to meet a particular and perhaps unusual need by acquiring property on the open market, is obliged to … Continue reading Regina v Lambeth London Borough Council ex parte Eckpo-Wedderman: 1998
A party in a separated couple where primary residence was with the other party, had staying contact, but the child benefit remained unapportioned. That party was not able to claim housing benefit which would reflect his need for larger accommodation to facilitate that staying contact. The decision was an administrative exercise as to whether the … Continue reading Regina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant: CA 17 Nov 1999
Once a warrant for possession had been executed for repossession in mortgage arrears action, it was no longer possible to suspend the warrant again under the Act. Court’s own inherent jurisdiction possible basis where manifold error. Citations: Gazette 15-Jul-1998 Statutes: Administration of Justice Act 1970 36 Jurisdiction: England and Wales Housing Updated: 11 May 2022; … Continue reading Mortgage Agency Services Number Two Ltd v Bal: CA 15 Jul 1998
The system of acquiring a statutory tenancy by succession creates statutory rights which need not be limited by normal and other considerations. A minor is capable in law of acquiring such despite not being of legal age to be a tenant though equitable. Citations: Times 07-Dec-1998, Gazette 13-Jan-1999 Statutes: Housing Act 1985 87 Jurisdiction: England … Continue reading Kingston Upon Thames Borough Council v Prince and An: CA 7 Dec 1998
Service by the tenant of a notice of an ant infestation at the local authority local housing office, was insufficient compliance with the Act. Since it might lead to a criminal penalty, the section had to be followed. Citations: Gazette 18-Feb-1998 Statutes: Environmental Protection Act 1995 82 Nuisance Updated: 10 May 2022; Ref: scu.82982
A notice claiming a right to acquire new lease, but which specified a nominal rent when a full rent and premium was clearly expected to be paid, was not a valid notice and would be set aside. Citations: Gazette 25-Nov-1998 Statutes: Leasehold Reform Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord … Continue reading Cadogan v Morris: CA 25 Nov 1998
The taxpayer company operated a wholesale cash and carry business from a number of self-service supermarkets. The stores sold groceries, household goods, tobacco, confectionery and various kinds of alcohol. Although the buildings were not open to the public the customers who were mainly retail traders and caterers had access to most parts of the store … Continue reading Bestway (Holdings) Ltd v Luff (Inspector of Taxes): ChD 4 Mar 1998
The County Court had no power to grant an interim injunction without statutory provision. No power existed either to order the Local Authority to provide accommodation to a homelessness applicant pending a decision on the review. Held: Parliament appropriately vested a discretion in the local authority to decide whether or not to house an applicant … Continue reading Ali v Westminster City Council; Nairne v Camden London Borough Council: CA 24 Jul 1998
A headlessee can be a ‘qualifying tenant’ for the purposes of Chapters 1 and 2 of Part 1 of the 1993 Act. Citations:  2 EGLR 96 Statutes: Leasehold Reform, Housing and Urban Development Act 1993 101(3) Cited by: Cited – Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc CA 27-Jul-2004 The tenant of … Continue reading Crean Davidson Investments Ltd v Earl Cadogan: 1998
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down … Continue reading Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959
(Admissibility) The violation of the right to respect for their homes and family and private lives which was alleged by the applicants, arose because of the pollution of the area by dust caused by building works in the Docklands area. A distinction had been made between those applicants with a proprietary interest in the land … Continue reading Khatun v United Kingdom: ECHR 1 Jul 1998
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 second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019
An application was made under section 73 to develop land without compliance with conditions previously attached to a planning permission, the relevant condition being that the development commence within five years of the date of planning permission. Held: A Local Authority was correct to refuse to extend the time for the commencement of a development … Continue reading Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998
Voluntary work can be a sufficient local connection to warrant a claim for a homeless person for re-housing in the authority’s area. Citations: Gazette 18-Mar-1998, Times 09-Mar-1998 Statutes: Housing Act 1985 61(1)(b) Housing, Local Government Updated: 09 April 2022; Ref: scu.86606
A local authority could not allow its decision about the facilities to be provided by way of housing and related assistance and grants to be affected by its financial resources. Citations: Times 14-Jul-1998 Statutes: Housing Grants Construction and Regeneration Act 1996 23(1) Housing Updated: 09 April 2022; Ref: scu.86137
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
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998
A notice of a statutory nuisance need not specify the acts required to remedy the nuisance, nor the capacity in which the person served is served. It is sufficient to identify the faults in a non-technical way. There is no good reason to import any additional requirements beyond those set out in the Act. Times … Continue reading East Staffordshire Borough Council v Fairless: Admn 14 Oct 1998
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
A possession warrant, properly issued and executed in ignorance of a payment into court by the tenant was not an abuse of process. The tenant had paid funds into court in the mistaken belief that this would be effective to set aside the warrant. She was assisted in this misapprehension neither by the Court nor … Continue reading Jephson Homes Housing Association v Moisejevs and Another: CA 1 Nov 2000
LRA The Applicant, now in administration, was in business in 2007 to 2008 buying residential properties from owners in occupation for full market value, payable as to 70 per cent on completion and as to the 30 per cent balance, subject to conditions, at the expiry of ten years. At the same time it entered … Continue reading U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 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
A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court said that since the rule applied equally to male and female employees it was not … Continue reading Grant v South West Trains Ltd: ECJ 17 Feb 1998
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 Trust appealed against refusal of an order for possession against its periodic assured tenant. The grounds were 14 (nuisance or annoyance), and 14A (domestic violence). The judge had found that the violence complained of occurred only after the tenant had moved out of the property and ceased before his return. The judge found no … Continue reading Metropolitan Housing Trust v Hadjazi: CA 1 Jul 2010
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
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused. Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature of the thing, final and conclusive and without appeal, … Continue reading In re Housing of the Working Classes Act 1890, Ex parte Stevenson: CA 1892
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
The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J  EWHC 1322 (TCC),  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 been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The applicant sought leave to apply for a judicial review of a decision that she was not a person with a sufficient interest to challenge a scheme of management proposed under the Act. She was a lessee of a property affected, but had sought to make . .
The respondent board had refused to pay housing benefit on the basis that the claimant’s tenancy was not run on a commercial basis. She asserted that they had not given her a fair opportunity to be heard. New regulations had changed the treatment of . .
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 . .
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
The Council appealed from an order quashing its decision that the applicant was intentionally homeless. . .
A decision turning down an application but refusing costs order also was not inconsistent with allowing that the general need for housing did not displace need for green belt preservation. . .
The respondent sought leave to appeal against a finding that as a registered social landlord it was exercising a public function and was a hybrid public authority.
Held: Leave was granted. A protective costs order was made for the respondent . .
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing . .
Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the . .
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years.
Held: The 1985 . .
A threat made against a witness is clearly an insult within the Act, and a threat made as a witness returns home after court is also a contempt even though not strictly in the face of the Court.
Section 118 of the 1984 Act now provides an . .
The plaintiff sought leave to appeal against the level of damages awarded to her in her claim for wrongful eviction, and against the costs award made after the award had failed to meet the amount paid into court. She said that by omitting a painting . .
A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five years remained, the tenant had sufficient interest to found a claim for a council grant for renovation and repairs. . .
The tenant had served a notice to purchase the freehold of the premises at pounds 100.00, a formal nominal figure. The landlord claimed that the notice was invalid.
Held: The process was one of compulsory purchase. ‘The tenant is required to . .
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 . .
Whether the County Court has jurisdiction to grant an interlocutory injunction requiring a local authority to provide accommodation for a person who is proceeding with an appeal under s 204 of the Housing Act 1996 against a review decision made . .
The claimant let a house to the defendant under an assured shorthold tenancy. In breach of condition, the defendant operated her licensed conveyancer’s business from the premises. Under an associated arrangement land was let to the defendant for her . .
The applicant sought to be rehoused. On review it was decided that she was intentionally homeless. She asked the authority to review that decision (a re-review). The authority said it had no power so to do. She had a right to appeal on a point of . .
Where an asylum seeker had housing which was sufficiently inadequate to render her homeless for the purposes of the section, she was not disallowed from receiving such assistance by the operation of the other section regarding asylum seekers . .
Ability of right to buy owners to challenge the reasonableness of covenants to pay service charges was challengeable before completions in county court, but after completion only by application to the Secretary of State. . .
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 . .
When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been . .
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 . .
The special relationship between an auditor and a bank, meant that a duty of care could extend even to a second bank with its own auditors. In determining whether there had been an assumption of responsibility, the the relevant factors would include . .
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 . .
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 . .
A successor in title to the original covenantor would not pay his share of the costs of repairing and maintaining sewers he used as appurtenant to his house. The covenantee in which the relevant housing estate was vested sued for their recovery. The . .
The tenant had created a sub tenancy, the result of which was that he no longer had any right to enter upon the property unless the sub-tenant surrendered his lease.
Held: The tenant could not be said properly to be in occupation of the . .
The tenant had been joint tenant with his wife of a house. On the breakdown of the marriage, she left and gave notice to quit to the council. The council sought and obtained an order for possession, against which the husband now sought leave to . .
Conviction for forgery stood where defendant had claimed housing benefit with forged letter from landlord even if the contents of the forged document were in fact true and no prejudice to the council deceived had been shown. . .
Tucker J said of section 204(2A) ‘ . . the time limit fixed by Parliament under the Housing Act 1996 was draconian, as some might think. It was certainly short and it gave no discretion to the judge either of this court or the county court to extend . .
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 . .
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 . .
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples.
Held: The aim of discouraging homosexual relationships is . .