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Hounslow London Borough Council v Pilling: CA 21 Apr 1993

One joint tenant relied upon the 1977 Act to try to protect her against eviction. Held: One joint tenant may not unilaterally end a tenancy without full notice. However Nourse LJ in allowing the tenant’s appeal found ‘it abundantly clear that a joint tenant cannot unilaterally determine the tenancy by giving an inappropriate notice, for … Continue reading Hounslow London Borough Council v Pilling: CA 21 Apr 1993

H, Regina v: CACD 13 Feb 2008

The judge had ruled that the evidence intended to be offered could not create offences within the 1977 Act. Verdicts of not guilty were entered. The decision was a terminating ruling. The prosecutor failed to give the appropriate section 58 undertaking on appealing. Held: Attending to the purpose of the 2003 Act, the prosecutor’s mistake … Continue reading H, Regina v: CACD 13 Feb 2008

Norris (T/a J Davis and Son) v Checksfield: CA 23 Apr 1991

The employee occupied a dwelling belonging to his employer and for the better performance of his duties. He was summarily dismissed for misconduct. Held: The 1977 Act did not apply, and the owner had not been obliged to give a notice under the 1977 Act. He did not occupy the premises under a periodic tenancy … Continue reading Norris (T/a J Davis and Son) v Checksfield: CA 23 Apr 1991

ZH, Regina (on The Application of) v London Borough of Newham: CA 11 Jul 2013

The claimant had applied for housing as a homeless person and was found temporary accomodation pending the respondent’s decision. When eventually the decision went against the claimant, the claimant argued that the authority was obliged to recover the licensed accomodation through court proceedings. Held: The appeal failed. Moses, Kitchin, Floyd LJJ [2013] EWCA Civ 805, … Continue reading ZH, Regina (on The Application of) v London Borough of Newham: CA 11 Jul 2013

CN, Regina (on The Application of) v London Borough of Lewisham: CA 11 Jul 2013

The claimants had applied for housing as homeless. They were given accommodation pending the authority’s final decisions. Those decisions were thet the claimants were homeless intentionally. The authoity’s set out to recover possession. The claimants said that under the 1977 Act, the authority was obliged first to obtain a court order. Held: The request for … Continue reading CN, Regina (on The Application of) v London Borough of Lewisham: CA 11 Jul 2013

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

Polar Park Enterprises v Allason: ChD 18 Apr 2007

The defendant occupied property belonging to the claimant. An order for immediate possession had been granted in January. The defendant now said that part of the order was been made without jurisdiction. Held: Though he occupied the property as a licensee only of the claimant, that licence had been granted against the promise of the … Continue reading Polar Park Enterprises v Allason: ChD 18 Apr 2007

Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of incompatibility in respect of section 3 of the 1977 Act, saying that it disallowed any consideration … Continue reading Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

Holford Investments Ltd v Lambert: 1982

Citations: [1982] All ER 497 Statutes: Protection from Eviction Act 1977 5 Jurisdiction: England and Wales Cited by: Distinguished – National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe CA 15-May-1997 The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, … Continue reading Holford Investments Ltd v Lambert: 1982

Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

Pirabakaran v Patel and Another: CA 26 May 2006

The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006

Berrisford v Mexfield Housing Co- Operative Ltd: CA 15 Jul 2010

The Society ran a mortgage rescue scheme, buying properties from borrowers unable to maintain mortgage repayments, and letting them back. As a co-operative, the former owners would become members. Because it was a mutual housing co-operative, the tenancy had no security beyond the 1977 Act. The appellant fell behind with her rent, but denied that … Continue reading Berrisford v Mexfield Housing Co- Operative Ltd: CA 15 Jul 2010

Norris (t/a J Davis and Son) v Checksfield: CA 17 Apr 1991

The employee occupied the property under a licence granted by his employer for the better performance of his employment duties. At first he had been taken on as a semi-skilled mechanic, but he was later offered occupation of the employer’s bungalow so that he would be readily available as a coach driver after obtaining a … Continue reading Norris (t/a J Davis and Son) v Checksfield: CA 17 Apr 1991

Desnousse v London Borough of Newham and others: CA 17 May 2006

The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006

National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997

The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They … Continue reading National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997

Cowan and Another v The Chief Constable for Avon and Somerset Constabulary: CA 14 Nov 2001

Where police had been called to an incident where a member of the public had been threatened with violence if he did not leave premises, did not have a duty to take action under the Act toward the applicant. It is only if a particular responsibility towards an individual arises, establishing a sufficiently close relationship, … Continue reading Cowan and Another v The Chief Constable for Avon and Somerset Constabulary: CA 14 Nov 2001

Westminster City Council v Clarke: HL 29 Apr 1992

An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a temporary base as part of their rehabilitation. Held: An … Continue reading Westminster City Council v Clarke: HL 29 Apr 1992

West Wiltshire District Council v Snelgrove and Snelgrove: Admn 17 Mar 1997

The council appealed against the acquittal of the defendants of offences under the 1977 Act. The occupiers were there under an informal temporary tenancy. The owners wished to move back in. The tenants had not left on the day appointed and on the day after the owners returned to find the house damaged and in … Continue reading West Wiltshire District Council v Snelgrove and Snelgrove: Admn 17 Mar 1997

Regina v Burke: HL 24 May 1990

The defendants appealed against their conviction under the 1977 Act. Held: To amount to harrassment, the actions complained of need not be such as would give rise of themselves to civil or criminal action. Citations: [1991] 1 AC 135, Independent 24-May-1990 Statutes: Protection from Eviction Act 1977 1(3) Jurisdiction: England and Wales Citing: Upheld – … Continue reading Regina v Burke: HL 24 May 1990

Hackney London Borough Council v Snowden: CA 2001

A short notice to quit might be given by a landlord if accepted by a tenant. Citations: (2001) 3 L and TR 60 Statutes: Protection from Eviction Act 1977 5(1) Jurisdiction: England and Wales Cited by: Cited – Ealing Family Housing Association Ltd v McKenzie CA 10-Oct-2003 The defendant and his wife separated when she … Continue reading Hackney London Borough Council v Snowden: CA 2001

Dellhold Estates (UK) Pty Ltd v Lindsey Trading Properties Inc: 1994

The word ‘premises’ in s 46(1) of the Landlord and Tenant Act 1987 means the subject matter of the letting and the section applied to an agricultural holding which included a dwelling house. S 48 of the Act was governed by s 46(1) which applied it ‘to premises which consist of or include a dwelling’. … Continue reading Dellhold Estates (UK) Pty Ltd v Lindsey Trading Properties Inc: 1994

Rogerson v Wigan Metropolican Borough Council: QBD 14 Jul 2004

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

Regina v Yuthiwattana: CACD 1984

The defendant appealed against his convictions under the 1977 Act. Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, … Continue reading Regina v Yuthiwattana: CACD 1984

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

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

ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

Sims v Dacorum Borough Council: SC 12 Nov 2014

Surrender at Common Law Survives Human Rights Law The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, … Continue reading Sims v Dacorum Borough Council: SC 12 Nov 2014