Search Results for: Housing Act 1998

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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

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

Thomas v St Mungo Housing Association (Unfair Dismissal and Disability Discrimination): EAT 7 Sep 2021

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

Bryant v The Housing Corporation: EAT 20 Jan 1997

Judges: Morison J P Citations: [1997] 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

English Churches Housing Group v Shine: CA 7 Apr 2004

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

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

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

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 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

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

The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999

City Council of Bristol v Lovell: HL 26 Feb 1998

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

Regina v Secretary of State for the Environment, ex parte Council of the London Borough of Camden: HL 12 Mar 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

Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 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

Regina v Mayor and Burgesses of London Borough of Newham ex parte Ojuri: CA 23 Nov 1998

Judges: Lord Woolf MR, Morritt LJ, Tuckey LJ Citations: [1998] 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

Regina v Mayor and Burgesses of London Borough of Southwark ex parte Campisi: CA 9 Jul 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

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 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

Regina v Newham Borough Council ex parte Ojuri (No 5): Admn 11 Sep 1998

Judges: David Pannick QC Citations: [1998] 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

Regina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant: Admn 17 Dec 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, [1998] 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

London Borough of Southwark v Venette Simpson: Admn 3 Nov 1998

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

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 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, [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

Northumberland and Durham Property Trust Ltd v Chairman of London Rent Assessment Committee and Rent Assessment Committee: Admn 1 Apr 1998

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, [1998] EWHC Admin 387 Links: Bailii Litigation Practice, Housing Updated: 27 May 2022; Ref: scu.138508

Surrey Free Inns Plc v Gosport Borough Council: Admn 28 Jan 1998

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

Regina v City of Wakefield Metropolitan District Council and Michael Dorsey, Special Educational Needs Tribunal ex parte Karen Lisa Greenwood: Admn 29 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

Wallace and others v Manchester City Council: CA 23 Jul 1998

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

Regina v Ealing London Borough Council Ex Parte Nicola Surdonja: Admn 20 Oct 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

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

The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

Notting Hill Housing Trust v Brackley and Another: CA 24 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

Salgueiro da Silva Mouta v Portugal: ECHR 1 Dec 1998

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

Regina v Lambeth London Borough Council ex parte Eckpo-Wedderman: 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

Regina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant: CA 17 Nov 1999

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

Mortgage Agency Services Number Two Ltd v Bal: CA 15 Jul 1998

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

Kingston Upon Thames Borough Council v Prince and An: CA 7 Dec 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

Bestway (Holdings) Ltd v Luff (Inspector of Taxes): ChD 4 Mar 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

Ali v Westminster City Council; Nairne v Camden London Borough Council: CA 24 Jul 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

Crean Davidson Investments Ltd v Earl Cadogan: 1998

A headlessee can be a ‘qualifying tenant’ for the purposes of Chapters 1 and 2 of Part 1 of the 1993 Act. Citations: [1998] 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

Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959

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

Khatun v United Kingdom: ECHR 1 Jul 1998

(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

Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust and Others: ChD 11 Jun 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

London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019

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

Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998

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

Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994

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

Petrovic v Austria: ECHR 27 Mar 1998

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

East Staffordshire Borough Council v Fairless: Admn 14 Oct 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 Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

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

Jephson Homes Housing Association v Moisejevs and Another: CA 1 Nov 2000

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

U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013

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

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

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

Grant v South West Trains Ltd: ECJ 17 Feb 1998

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

Regina v Harrow London Borough Council Ex Parte Fahia: HL 16 Sep 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

Metropolitan Housing Trust v Hadjazi: CA 1 Jul 2010

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

Weaver, Regina (on the Application of) v London and Quadrant Housing Trust: Admn 24 Jun 2008

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

In re Housing of the Working Classes Act 1890, Ex parte Stevenson: CA 1892

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

Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008

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

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

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

Brown v Myerson: CA 21 Jul 1998

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 . .

Bank of Credit and Commerce International (Overseas) Limited (In Liquidation); BCCI Holdings (Luxembourg) SA (In Liquidation); Bank of Credit and Commerce International SA (In Liquidation) v Price Waterhouse: CA 13 Feb 1998

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 . .