Category: Housing

Regina v London Borough of Newham ex parte Lumley: Admn 28 Jan 2000

Judges:

Brooke LJ

Citations:

[2000] EWHC Admin 285, (2001) 33 HLR 11

Links:

Bailii

Cited by:

Cited – Lawer, Regina (on the Application of) v Restormel Borough Council Admn 12-Oct-2007
The applicant was joint tenant of a council property. She suffered domestic violence, and said she was advised by the local authority to surrender her tenancy on the basis that they would rehouse her. She did so. The authority refused to provide a . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 29 May 2022; Ref: scu.140099

Application for Permission; Bibi: Admn 20 Jul 1999

Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989.

Judges:

Tucker J

Citations:

[1999] EWHC Admin 711

Links:

Bailii

Statutes:

Children Act 1989 20

Housing, Local Government, Children

Updated: 28 May 2022; Ref: scu.139975

Regina v London Borough of Merton, ex parte Sembi: Admn 25 May 1999

Where a claim was made that a housing authority had failed to carry out its duty to provide appropriate accommodation, the claimant should exhaust the statutory review and appeal procedures before applying for judicial review. A delay in finding accommodation might be inevitable where the claimant’s needs were particular.

Citations:

Times 09-Jun-1999, [1999] EWHC Admin 496

Links:

Bailii

Statutes:

Housing Act 1996 193

Housing

Updated: 28 May 2022; Ref: scu.139760

Lisa O’Toole v Knowsley Metropolitan Borough Council: Admn 18 May 1999

The respondent appealed by way of case stated a finding that a house was in the condition of being a statutory nuisance. They said that no evidence had been brought with regard to the health of the occupants or of any potential threat to health.
Held: The evidence of the officers was capable of supporting a finding as to the threat to health.

Judges:

Dyson J

Citations:

[1999] EWHC Admin 451

Links:

Bailii

Statutes:

Environmental Protection Act 1990 82

Citing:

Cited – Patel v Mehtab QBD 1980
The question was whether the premises in question were in such a state as to be prejudicial to health, being injurious, or likely to cause injury, to health. The defects included dampness. Evidence was given by a self-employed public health advisor, . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Housing

Updated: 28 May 2022; Ref: scu.139715

Regina v London Borough of Lambeth ex parte Uddin: Admn 5 May 1999

Citations:

[1999] EWHC Admin 399

Links:

Bailii

Cited by:

Cited – 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 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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 28 May 2022; Ref: scu.139663

Regina v London Borough of Tower Hamlets ex parte Uddin: Admn 5 May 1999

Citations:

[1999] EWHC Admin 400, (2000) 32 HLR 391

Links:

Bailii

Cited by:

Cited – 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 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 . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 28 May 2022; Ref: scu.139664

Ozbek v Ispwich Borough Council: CA 4 May 2006

The claimant applied to be housed as a homeless person. The authority sought to refer him to a different authority under s198. As an asylum seeker, he had been given assistance both in Portsmouth and Southampton before coming to Ipswich. He said that he had not gone to Southampton freely, but had been placed there pending dealing with his asylum claim, and that his brothers lived in Ipswich.
Held: The court restored the authority’s decision.The court emphasised ‘five points which are of importance in the context of the present appeal. First, that the statutory purpose underlying the provisions now found in sections 193(2), 198(2) and 200(3) and (4) of the 1996 Act is (so far as possible) to place the burden of providing accommodation for the homeless applicant upon the local housing authority with whose district the applicant has a real connection; and to relieve the authority with whose district the applicant has no real connection from that burden. Second, that the scheme by which that purpose is to be achieved depends, primarily, upon agreement between the authority to whom the application is made (the notifying authority) and the authority to whom the application is to be referred (the notified authority) as to whether the conditions for referral are met; and, in default of agreement, upon determination under arrangements prescribed by the Secretary of State. Third, that one purpose – indeed, perhaps, the principal purpose – of the Referral Guidelines and their predecessor, the Agreement on Procedures, is to facilitate agreement between authorities on the question whether the conditions for referral are met; or to provide a basis for speedy and inexpensive resolution of disputes between authorities on that question. Fourth, that that purpose is unlikely to be achieved unless authorities do follow the guidance which those guidelines provide by applying that guidance ‘generally to all applications which come before them’. And fifth, that an authority is not to be criticised for following that guidance in the individual case, provided that they have not closed their mind to the possibility that the particular facts of that case may require a departure from the guidance which they would apply more generally. ‘ It was acondition that the notifying authority could certify that there was no local connection.

Citations:

Times 07-Jun-2006, [2006] EWCA Civ 534

Links:

Bailii

Statutes:

Housing Act 1996 199(6) 204, Immigration and Asylum Act 1999 95

Jurisdiction:

England and Wales

Citing:

Cited – British Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
Cited – Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts CA 1983
Mr Betts appealed a refusal of accomodation by Eastliegh who had said he had no local connection, but had lived in Blaby.
Held: Lord Justice Stephenson the chief housing officer ‘did fetter the council’s decision by a rigid application of the . .
Cited – Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts HL 27-Jul-1983
Mr Betts applied to Eastleigh for accommodation under the 1977 Act. They said that he had no local connection and referred his application to Blaby where the applicant and his family had formerly been living. Blaby accepted the referral and offered . .
Cited – London Borough of Tower Hamlets v Deugi CA 7-Mar-2006
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 . .
Cited – Al-Ameri v Royal Borough of Kensington and Chelsea; Osmani v London Borough of Harrow (Conjoined Appeals) HL 5-Feb-2004
The applicants had been asylum seekers, and obliged to live in Glasgow. Upon losing their asylum claim, but being given exceptional leave to remain, they sought to be rehoused by the appellants. The appellants had said that the applicants having . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Slough Borough Council Ex Parte Khan and Another QBD 30-Jan-1995
A Local Authority had to consider all possible local connections before passing an applicant for housing under the Act to another other Local Authority for assistance. . .
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic QBD 1996
The applicant challenged a referral of her application for housing as a homeless person by Hammersmith back to Kirklees from where she had moved. She had a cousin in Hammersmith.
Held: Her application for judical review failed. Tucker J: . .
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic CA 2-Jan-1996
A refugee from Bosnia moved from Kirklees to London, where she applied for accomodation as being homeless. Hammersmith accepted that she was owed a duty, but referred her back to Kirklees in September. Her solicitors then sent in more material which . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 28 May 2022; Ref: scu.241443

Copping v Surrey County Council: QBD 2005

The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon the basis of, the second notice the tenants took proceedings in the county court in which their right to buy was upheld. They then contended that the first notice remained valid and that therefore the price payable by them for the property should be calculated by reference to its value in March 1991. The aouthority appeal acceptance of that argument.
Held: The appeal succeeded. In the first set of proceedings in the county court the tenants had established their right to buy on the basis only of their second notice. The tenants had abandoned or withdrawn the first notice: ‘For my part I see no reason why abandonment should not, on the appropriate facts be a unilateral decision by a party not to pursue his right. Once such a decision has been made and communicated, or can be properly inferred, the right has been lost and should not be capable of being revived. If however prejudice to the victim of the delay has to be established, substantial delay may in itself give rise to an inference of prejudice.
I am satisfied that this conduct amounts to a clear abandonment of the 1991 claim or alternatively an implied withdrawal of their 1991 notice. I do not consider that on these particular facts it is necessary for the Defendant to prove prejudice as the intention to abandon or withdraw is so clearly evinced. Nevertheless if I am wrong in that conclusion I am equally satisfied that prejudice is clear.’

Judges:

Nelson J

Citations:

[2005] 34 EG 110

Statutes:

Housing Act 1985 122(3)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Copping v Surrey County Council CA 21-Dec-2005
The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it.
Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of . .
Cited – Martin v Medina Housing Association Ltd CA 31-Mar-2006
The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 28 May 2022; Ref: scu.242429

Cobstone Investments Limited v Maxim: CA 1985

The court considered the meaning of ‘adjoining occupiers’ The tenant suggested that the word ‘ adjoining’ should be read literally so that the premises must be contiguous in the sense of physically joining, or being co-terminous with the holding of the tenant whose conduct was complained of. It was submitted that adjoining did not mean neighbouring.
Held: The submissions failed. Dunn LJ (with whom Wood J agreed) accepted as an accurate statement of the law a passage in the 10th Edition of Megarry on the Rent Acts: ‘The word ‘adjoining’ has been construed as meaning ‘contiguous’ so that the occupants of a second floor flat have been held not to be ‘adjoining occupiers’ to the ground floor flat beneath them. But this seems too strict a view; for one meaning of the word is ‘neighbouring’ and all that context seems to require is that the premises of the adjoining occupier should be near enough to be affected by the tenant’s conduct on the demised premises’ Wood J added that: ‘In my judgment the meaning of the word ‘adjoining’ is not restricted to the meaning of ‘contiguous’. Each case must depend on the facts as found by the judge trying the action. It is a question of degree. There may be other ways of approaching the issue, but it may be useful to consider it in this way; namely whether the relevant premises are sufficiently close or related, so that the behaviour or conduct of the tenant of the one affects the access to, or occupation or enjoyment of the other by its occupier.’

Judges:

Dunn LJ, Wood J

Citations:

[1984] QB 140, [1984] 2 All ER 635, [1984] 3 WLR 606

Jurisdiction:

England and Wales

Cited by:

Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997
The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants’ children as ‘conduct which is a nuisance or annoyance to neighbours’ The question on appeal was whether behaviour which . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 28 May 2022; Ref: scu.183138

Wandsworth London Borough Council v Winder: HL 1985

Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the grounds that they were Wednesbury unreasonable, and counterclaiming for a declaration to that effect. The tenant proposed adducing some evidence to support his case of unreasonableness. The local authority sought to strike out the defence and counterclaim as an abuse of process, on the grounds that the tenant should be debarred from challenging the conduct of the local authority other than by application for judicial review under RSC, Ord 53.
Held: Mr Winder was entitled as of right to challenge the local authority’s decision by way of defence in the proceedings which it had brought against him. The decision was based on ‘the ordinary rights of private citizens to defend themselves against unfounded claims.’
As a matter of construction of the relevant legislation, those rights had not been swept away by the procedural reforms introducing the new RSC Ord 53. Where the issue of a private law right depending on a prior public law decision is raised as a defence to a claim, then the point does not have to be dealt with by judicial review.
Lord Fraser of Tullybelton said: ‘It would in my opinion be a very strange use of language to describe the respondent’s behaviour in relation to this litigation as an abuse or misuse by him of the process of the court. He did not select the procedure to be adopted. He is merely seeking to defend proceedings brought against him by the appellants. In so doing he is seeking only to exercise the ordinary right of any individual to defend an action against him on the ground that he is not liable for the whole sum claimed by the plaintiff. Moreover he puts forward his defence as a matter of right, whereas in an application for judicial review, success would require an exercise of the court’s discretion in his favour. Apart from the provisions of Order 53 and section 31 of the Supreme Court Act 1981, he would certainly be entitled to defend the action on the ground that the plaintiff’s claim arises from a resolution which (on his view) is invalid: see for example Cannock Chase District Council v. Kelly [1978] 1 WLR 1, which was decided in July 1977, a few months before Order 53 came into force (as it did in December 1977). I find it impossible to accept that the right to challenge the decision of a local authority in course of defending an action for non-payment can have been swept away by Order 53, which was directed to introducing a procedural reform. As my noble and learned friend Lord Scarman said in Reg. v. Inland Revenue Commissioners, Ex parte Federation of Self Employed and Small Businesses Ltd. [1982] AC 617, 647G ‘The new R.S.C., Ord. 53 is a procedural reform of great importance in the field of public law, but it does not – indeed, cannot – either extend or diminish the substantive law. Its function is limited to ensuring ‘ubi jus, ibi remedium.” Lord Wilberforce spoke to the same effect at p. 631A. Nor, in my opinion, did section 31 of the Supreme Court Act 1981 which refers only to ‘an application’ for judicial review have the effect of limiting the rights of a defendant sub silentio.’

Judges:

Lord Fraser of Tullybelton

Citations:

[1985] AC 461, [1984] UKHL 2, [1984] 3 All ER 83, [1984] 3 WLR 563

Links:

Bailii

Statutes:

Housing Act 1957

Jurisdiction:

England and Wales

Citing:

Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Approved – 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 . .

Cited by:

Cited – Manchester City Council v Cochrane and Cochrane CA 21-Dec-1998
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 . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
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 . .
Cited – Roy v Kensington and Chelsea and Westminster Family Practitioner Committee HL 6-Feb-1992
The respondent had withheld part of the plaintiff’s GP payments saying that he had failed to devote himself full time to his practice. The plaintiff sued, and the defendant sought to strike out his application, saying that his application had to be . .
Cited – 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 . .
Cited – Doran v Liverpool City Council CA 3-Mar-2009
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act.
Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time . .
Cited – Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs CA 31-Mar-2010
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the . .
Cited – 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 . .
Cited – North Somerset District Council v Honda Motor Europe Ltd and Others QBD 2-Jul-2010
Delayed Rates Claims Service made them Defective
The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created . .
Cited – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Manchester City Council v Pinnock SC 9-Feb-2011
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . .
Cited – Ruddy v Chief Constable, Strathclyde Police and Another SC 28-Nov-2012
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review, Housing

Updated: 28 May 2022; Ref: scu.181810

Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim: Admn 31 Mar 1999

A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules.

Citations:

Times 20-Apr-1999, [1999] EWHC Admin 285, (1999) 2 CCLR 340

Links:

Bailii

Statutes:

National Assistance Act 1948 21(1)

Cited by:

Cited – A v The London Borough of Lambeth Admn 25-May-2001
The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to . .
Lists of cited by and citing cases may be incomplete.

Housing, Immigration

Updated: 28 May 2022; Ref: scu.139549

Ex parte Motion Spath Holme Limited: Admn 16 Mar 1999

The respondent had made an order with regard to the calculation of fair rents. The claimant challenged the order.
Held: There were social and economic arguments, and a very difficult balancing exercise had to be carried out in the light of the judgments that the Secretary of State made as to the effects, on the one hand on tenants and the other on landlords, of any decision as to the order. The court could not conclude that there was an arguable case that the conclusion was perverse. In the absence of any ambiguity in the provisions at issue, the court was unable to look to the Convention for assistance in their interpretation.

Judges:

Latham J

Citations:

[1999] EWHC Admin 229

Links:

Bailii

Statutes:

Rent Act Maximum Fair Rent Order 1999 (1999 No 6), Rent Act 1977, European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales CA 20-Jan-2000
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 28 May 2022; Ref: scu.139493

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 Security Contributions and Benefits Act 1992 130(2) 137

Citing:

Appealed to – 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 . .

Cited by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing

Updated: 28 May 2022; Ref: scu.139263

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 evidence was appropriate as a basis for findings as to a potential threat to health arising from the condition of the premises.

Citations:

[1998] EWHC Admin 1034, (1998) CO/3120/98

Links:

Bailii

Statutes:

Environmental Protection Act 1990 79(1)(a)

Citing:

Cited – Regina v Abadom CACD 1982
A properly qualified expert is entitled to rely on what might otherwise be considered as hearsay, that is to say findings by other experts in the same field in support of an opinion on any given set of facts. ‘In the context of evidence given by . .
Cited – Patel v Mehtab QBD 1980
The question was whether the premises in question were in such a state as to be prejudicial to health, being injurious, or likely to cause injury, to health. The defects included dampness. Evidence was given by a self-employed public health advisor, . .

Cited by:

Cited – Lisa O’Toole v Knowsley Metropolitan Borough Council Admn 18-May-1999
The respondent appealed by way of case stated a finding that a house was in the condition of being a statutory nuisance. They said that no evidence had been brought with regard to the health of the occupants or of any potential threat to health.
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 27 May 2022; Ref: scu.139155

Regina v London Borough of Islington ex parte Terry Margaret Reilly ex parte Sandra Mannix: Admn 2 Oct 1998

Citations:

[1998] EWHC Admin 912, (1998) 31 HLR 651

Links:

Bailii

Cited by:

Cited – 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 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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 27 May 2022; Ref: scu.139033

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

Links:

Bailii

Statutes:

Housing Act 1996 182(1)

Jurisdiction:

England and Wales

Cited by:

See Also – 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 ex parte Ojuri CA 23-Nov-1998
. .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 27 May 2022; Ref: scu.138851

Regina v Ellioua: Admn 19 Feb 1998

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:

[1998] EWHC Admin 206

Links:

Bailii

Statutes:

Housing Act 1996 202

Citing:

Appealed to – Regina v Lord Mayor and Citizens of City of Westminster ex parte Ellioua CA 2-Jul-1998
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 . .

Cited by:

Appeal from – Regina v Lord Mayor and Citizens of City of Westminster ex parte Ellioua CA 2-Jul-1998
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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 27 May 2022; Ref: scu.138327

Regina v London Borough of Ealing ex parte Anthony Fox: Admn 9 Feb 1998

Citations:

[1998] EWHC Admin 155

Links:

Bailii

Citing:

Cited – Regina v Harrow London Borough Council Ex Parte Carter QBD 25-Nov-1992
The applicant had sold her home and moved to Harrow with her four children, living with her sister. She became unintentionally homess and had priority need, applying to Harrow for accomodation. Harrow said that under their policy she retained her . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 27 May 2022; Ref: scu.138276

Regina v London Borough of Camden ex parte Pereira: Admn 15 Dec 1997

Citations:

[1997] EWHC Admin 1134

Links:

Bailii

Citing:

Appealed to – Regina v London Borough of Camden ex parte Pereira CA 20-May-1998
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 . .

Cited by:

Appeal from – Regina v London Borough of Camden ex parte Pereira CA 20-May-1998
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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.138079

Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Von Goetz: Admn 11 Dec 1997

Citations:

[1997] EWHC Admin 1120

Links:

Bailii

Statutes:

Local Government and Housing Act 1989 Part VIII

Cited by:

Appeal from – Regina v London Borough of Tower Hamlets ex parte Von Goetz CA 8-Oct-1998
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. . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.138065

Regina v East Devon District Council ex parte Robb: Admn 4 Dec 1997

Citations:

[1997] EWHC Admin 1085

Links:

Bailii

Citing:

Cited – Regina v Harrow London Borough Council Ex Parte Carter QBD 25-Nov-1992
The applicant had sold her home and moved to Harrow with her four children, living with her sister. She became unintentionally homess and had priority need, applying to Harrow for accomodation. Harrow said that under their policy she retained her . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.138030

Gill v Nottingham City Council: UTLC 8 May 2014

HOUSING – house in multiple occupation – procedure – appeal to the residential property tribunal against terms of HMO licence – requirements of a valid application to initiate an appeal – power to dispense with or relax requirements – para. 33, Sch. 5, Housing Act 2004 – reg. 6, Residential Property Tribunal Procedure and Fees (England) Regulations 2011 – appeal allowed

Citations:

[2014] UKUT 195 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Housing

Updated: 26 May 2022; Ref: scu.526454

Burrows v Brent London Borough Council: CA 21 Jul 1995

Judges:

Auld LJ

Citations:

Independent 22-Aug-1995, Times 21-Jul-1995, [1996] 1 EGLR 32, [1996] 1 WLR 1448, (1995) 27 HLR 748

Jurisdiction:

England and Wales

Cited by:

Appeal from – Burrows v Brent London Borough Council HL 31-Oct-1996
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 . .
Cited – Greenwich London Borough Council v Regan CA 31-Jan-1996
The authority had taken possession proceedings against the secure tenant for non-payment of rent, and obtained an order, suspended on condition as to payments. He again fell into arrears, and the authority made a further agreement. They now sought . .
Cited – 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: . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.278696

Mansfield District Council v Langridge: QBD 21 Sep 2007

T had been a secure tenant, but whilst in hospital his tenancy was surrendered by his mother. After returning to the house and possession proceedings, the authority gave him use of a property pending the result. Those were determined against him, and he now in turn resisted eviction from the temporary accomodation saying that he had what should be construed as a tenancy to give effect to the intention of the legislation which was to provide security of tenure.
Held: His claim failed. He had the benefit of a licence only and it was terminable in the way agreed.

Judges:

Calvert-Smith J

Citations:

Gazette 09-Oct-2007

Jurisdiction:

England and Wales

Cited by:

See Also – Mansfield District Council v Langridge CA 31-Jan-2007
. .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.259866

Regina (Giles) v Fareham Borough Council: QBD 13 Dec 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 they managed the allocation of properties. That discretion would include the ability to defer applications. Here the period was discretionary, with no minimum, and the policy was lawful.

Judges:

Supperstone QC

Citations:

Unreported, 13 December 2002

Statutes:

Housing Act 1996 159(7) 167(6)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 26 May 2022; Ref: scu.179029

Din v Wandsworth London Borough Council: CA 23 Jun 1981

Judges:

Ackner LJ

Citations:

Unreported, 23-Jun-1981

Statutes:

Housing (Homeless Persons) Act 1977

Jurisdiction:

England and Wales

Cited by:

Appeal from – Din (Taj) v Wandsworth London Borough Council HL 26-Nov-1981
The appellants had applied for emergency housing as homeless persons, anticipating loss of their secure accomodation after falling into arrears. The Council reject their application, but a County Court quashed that decision. The Court of Appeal . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.186104

Ibrahim v Redbridge London Borough Council: QBD 17 Dec 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 scheme reflected the policy of the section in reflecting current need, however unfairly it affected the claimant.

Judges:

Ligtman J

Citations:

Times 27-Dec-2002

Statutes:

Housing Act 1996 167(2)

Jurisdiction:

England and Wales

Housing

Updated: 26 May 2022; Ref: scu.178615

Picea Holdings Ltd v London Rent Assessment Panel: QBD 1971

The court asked whether a rent assessment committee constituted under the Rent Act 1968 could act by a majority in determining a fair rent. Was the well established rule of law in Grindley controlled either by something expressed in this statute or by something to be collected from the nature of the power and the duty to be performed under it?
Held: The rent assessment committee came within the general principle, and there was no reason to depart from it.

Judges:

Lord Parker CJ

Citations:

[1971] 2 QB 216

Statutes:

Rent Act 1968

Jurisdiction:

England and Wales

Citing:

Cited – Grindley v Barker 1798
Where a number of persons are entrusted with powers not of mere private confidence, but in some respect of a general nature, and all of them are regularly assembled, the majority will conclude the minority, and their act will be the act of the . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.179768

Community Housing Association Limited v Masri and Masri: CA 15 May 1997

The second tenant sought leave to appeal an order for possession of a flat. He had been joint tenant with his brother. The brother’s solicitors had written on the basis that the first brother alone was tenant.
Held: The case of Ayinde could not rescue the defendant. There had been no unequivocal surrender by the first brother. Leave was refused.

Judges:

Potters LJ, Holman J

Citations:

[1997] EWCA Civ 1702

Jurisdiction:

England and Wales

Citing:

Distinguished – London Borough of Tower Hamlets v Ayinde CA 1994
The tenant had gone out of possession, moving permanently back to Nigeria and at the same time writing to the landlord to say that he and his family had moved and had agreed that the defendant (a cousin who had lived with him prior to his return to . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.142098

Regina v London Borough of Newham ex parte Ayse Hassan: Admn 17 Jul 1997

Citations:

[1997] EWHC Admin 697, [1996] 29 HLR 378

Links:

Bailii

Cited by:

Cited – Regina v The London Borough of Newham Ex Parte Miah Admn 12-Sep-1997
The claimant was housed in temporary accommodation pending the determination of their homelessness claims. The claimant’s wife suffered mental illness, and they wished to reject an offer of accommodation. The authority sought to argue that the . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 26 May 2022; Ref: scu.137642

Regina v St Edmundsbury Housing Benefit Review Board ex parte Sandys: Admn 24 Jul 1997

General counselling services to support tenant is only eligible for re-imbursement under housing benefit if it is in place to preserve fabric of the building in which the tenant lives.

Citations:

Times 22-Aug-1997, [1997] EWHC Admin 711

Links:

Bailii

Statutes:

Housing Benefit (General Regulations) 1987 (1987 No 1971)

Citing:

Appealed to – Regina v Housing Benefit Review Board for Swansea ex parte Littler Housing Benefit Review Board for St Edmundsbury ex parte Sandys CA 15-Jul-1998
General counselling services which supported a dependent tenant was only eligible for re-imbursement under housing benefit if it related specifically to the fabric of the building in which the tenant lives. . .

Cited by:

Appeal from – Regina v Housing Benefit Review Board for Swansea ex parte Littler Housing Benefit Review Board for St Edmundsbury ex parte Sandys CA 15-Jul-1998
General counselling services which supported a dependent tenant was only eligible for re-imbursement under housing benefit if it related specifically to the fabric of the building in which the tenant lives. . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing

Updated: 26 May 2022; Ref: scu.137656

Regina v City of Westminster ex parte Mbayi: Admn 15 Jul 1997

The applicant sought review of the decision of the respondent that she had refused accommodation. She wanted to assert that they had failed to take account of her medical needs.
Held: The application had not proceeded at a proper case, but the parties disclosed a clear disagreement on the facts which the court was not able to resolve. The matter needed adjournment to allow cross-examination of witnesses.

Citations:

[1997] EWHC Admin 684

Links:

Bailii

Citing:

Applied – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 26 May 2022; Ref: scu.137629

Regina v Camden London Borough Council, Ex Parte Mohammed: Admn 23 May 1997

A local authority’s policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining fairness between homeless persons in circumstances where they have decided that no duty is owed to the applicant, and proper consideration of the possibility that the applicant might be right and that to deprive him of accommodation could result in the denial of an entitlement. (4) certain matters will always require consideration, although other matters may also be relevant: (a) the ones requiring consideration were the merits of the case and the extent to which it can properly be said that the decision was one which was either contrary to the apparent merits or was one which involved a very fine balance of judgment; (b) whether consideration is required of new material, information or argument which could have a real effect on the decision under review; (c) the personal circumstances of the applicant and the consequences of an adverse decision on the exercise of the discretion.

Judges:

Latham J

Citations:

Gazette 17-Sep-1997, Times 20-Jun-1997, [1997] EWHC Admin 502, [1997] 30 HLR 315

Links:

Bailii

Statutes:

Housing Act 1996 188(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Brighton and Hove Council ex parte Nacion (2) CA 1-Feb-1999
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment.
Held: The section gave . .
Cited – Lawer, Regina (on the Application of) v Restormel Borough Council Admn 12-Oct-2007
The applicant was joint tenant of a council property. She suffered domestic violence, and said she was advised by the local authority to surrender her tenancy on the basis that they would rehouse her. She did so. The authority refused to provide a . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 26 May 2022; Ref: scu.137447

Regina v London Borough of Wandsworth ex parte Ann Garvey: Admn 8 Apr 1997

The claimant said that the housing offered to her as a single mother with four children, one hyper-active, was inadequate. It was complained that the Doctor advising the authority had included in her report a consideration of what resources were available to the authority.
Held: The report focussed on the recommendation, and the recommendation was of a particular type of housing. Her judgement was of the health, and effect on the health, of the applicant. It was not to be criticised, and the application failed.

Citations:

[1997] EWHC Admin 343

Links:

Bailii

Statutes:

Housing Act 1995 69

Citing:

Cited – Regina v Greenwich London Borough Council ex parte Dukic 1996
. .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 25 May 2022; Ref: scu.137288

Regina v Hackney London Borough Council Ex Parte K: CA 12 Nov 1997

A change in housing law is not retrospective so as to allow a local authority to re-assess an asylum seeker as not being in need of emergency housing. Once the decision had been made, it was improper to re-open it and give notice to existing tenants.

Citations:

Gazette 12-Nov-1997, Times 17-Nov-1997

Statutes:

Housing Act 1985

Jurisdiction:

England and Wales

Housing

Updated: 25 May 2022; Ref: scu.86792

Brock v Wollams: CA 1949

A child had been adopted in fact and lived with the tenant for many years, but had not been formally adopted under the Act claimed to inherit the tenancy on his death.
Held: He was to be considered to be a member of the former tenant’s family living with him at his death within the meaning of the Act of 1920. Both de facto adopted and illegitimate children were included as family. CohenLJ: ‘The question the county court judge should have asked himself was this: Would an ordinary man, addressing his mind to the question whether [the daughter] was a member of the family or not, have answered ‘yes’ or ‘no’? To that question I think there is only one possible answer, and that is ‘yes’.’ (‘the ‘Cohen Question’) and ‘It seems to me that ‘members of the tenant’s family’ within section 12 sub-section 1(g) of the Act of 1920, include not only legitimate children but also step-children, illegitimate children and adopted children, whether adopted in due form of law or not.’ (Denning LJ) The test was that the ‘trial judge should ask himself this question: would an ordinary person, addressing his mind to the question whether the defendant was a member of the family, have answered ‘yes’ or ‘no’? ‘ The narrow meaning of relations by blood or marriage was rejected, so also was the idea that ‘family’ could be equated with ‘household.’ A bond which goes no further than the fact that the group are living under the same roof is not enough.

Judges:

Bucknill LJ, Cohen LJ, Denning LJ

Citations:

[1949] 2 KB 388

Statutes:

Adoption of Children Act 1926

Jurisdiction:

England and Wales

Citing:

Approved – Price v Gould 1930
In relation to wills and settlements the legislature had used the word ‘family’ ‘to introduce a flexible and wide term’ so that brothers and sisters were to be treated as members of the family. The word was a ‘popular, loose and flexible . .

Cited by:

Cited – 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 . .
Approved – Carega Properties SA v Sharratt CA 1979
The Court referred to the ‘Cohen’ Question: ‘. . it is for this court to decide, where such an issue arises, whether, assuming all the facts found by the judge to be correct, the question may, as a matter of law, within the permissible limits of the . .
Cited – Sheffield City Council v Wall (Personal Representatives of) and Others CA 30-Jul-2010
The claimant had been a foster son and was now the administrator of the estate of the deceased tenant. He sought to occupy the property as a successor under the 1985 Act. He said that as a former foster child, he had become a member of the . .
Lists of cited by and citing cases may be incomplete.

Housing, Family

Updated: 25 May 2022; Ref: scu.215903

Watson v Lucas: CA 1980

A woman who had lived with a man, although he remained married to his wife, was a member of his family for the purpose of Schedule 1 to the Act of 1977 because of the lasting relationship between them.

Judges:

Oliver LJ

Citations:

[1980] 1 WLR 1493

Statutes:

Rent Act 1977

Jurisdiction:

England and Wales

Citing:

Confined to its facts – Dyson Holdings Ltd v Fox CA 17-Oct-1975
The defendant had lived with the tenant for 21 years until his death. They were unmarried and had no children. Reversing the County Court judge, the Court of Appeal ruled that she was a member of his family. It was absurd to distinguish between two . .

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 25 May 2022; Ref: scu.215906

Regina v London Borough of Camden ex parte Jibril: Admn 21 Jan 1997

The court considered what background could be allowed for when, in a homelessness application, the applicant said that it would be unreasonable to expect him to continue to occupy his present dwelling.
Held: ‘in judging what is suitable, the authority is entitled to look at the position in broad terms, having regard to the general shortage and nature of accommodation.’

Judges:

Stephen Richards

Citations:

[1997] EWHC Admin 42, (1997) 29 HLR 785

Links:

Bailii

Cited by:

Cited – Harouki v Royal Borough of Kensington and Chelsea CA 17-Oct-2007
The applicant sought housing as a homeles person. Her present accommodation for herself, her husband and five children was so overcrowded that continued occupation was a criminal offence. She appealed a finding that it was reasonable to continue . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 25 May 2022; Ref: scu.136987

Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997

Section 17(1) imposes an obligation in respect of the needs of an individual child.

Judges:

Kay J

Citations:

(1997) 29 HLR 756, [1997] EWHC Admin 4, (1997) 1 CCLR 294

Links:

Bailii

Statutes:

Children Act 1989 17(1)

Cited by:

Cited – Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte Makila Ebuki and Brandon Ebuki (By His Mother and Litigation Friend Makila Ebuki) Admn 5-Dec-2000
The applicants sought judicial review of the Council’s decision to evict her and her children from emergency accommodation for the homeless without further provision, saying the council failed its duty to her child under section 17.
Held: The . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Housing, Children, Local Government

Updated: 25 May 2022; Ref: scu.136949

Mary Rushton, Michael Rushton v Worcester City Council: CA 16 Mar 2001

The claimants had purchased the first tenant’s council property under the right to buy scheme. The council had failed to disclose facts about its condition which rendered it valueless, but now appealed against the award of damages for misrepresentation. It had failed to disclose the fact and significance of the use of High Alumina Cement in its construction.

Judges:

Potter, Jonathan Parker LJJ

Citations:

[2001] EWCA Civ 367, [2001] NPC 65, [2002] HLR 9, [2003] RVR 129, [2001] 13 EGCS

Links:

Bailii

Statutes:

Housing Act 1985 Part V

Jurisdiction:

England and Wales

Cited by:

See Also – Rushton and Another v Worcester City Council CA 22-May-2001
Application to correct mathematical errors in the main judgment. . .
Cited – London Borough of Haringey v Hines CA 20-Oct-2010
The authority sought rescission of a lease granted to the defendant under the right to buy scheme, saying that she had misrepresented her occupation when applying. The tenant replied that no adequate evidence had been brought that she was not a . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 23 May 2022; Ref: scu.135535

Regina v Tower Hamlets London Borough Council; Housing Benefit Review Board, Ex Parte Kapur: QBD 28 Jun 2000

An application for a loan or grant toward the costs of repair could constitute steps being taken to make premises habitable. The applicant owned a substantial property which had fallen into disrepair. He claimed housing benefit for the property where he actually lived. The refusal of housing benefit because of the capital value of the other property was incorrect. The rules allowed a disregard for the value of a property being repaired.

Citations:

Times 28-Jun-2000

Statutes:

Housing Benefit (General) Regulations 1987 No 1971 Sch 5 para 27

Jurisdiction:

England and Wales

Housing, Benefits

Updated: 23 May 2022; Ref: scu.85592

Yeoman’s Row Management Ltd v Chairman of the London Rent Assessment Committee: Admn 19 Apr 2002

The respondent had determined a fair rent under the 1977 Act, on the grounds that LRAC had adopted an impermissible approach to the question of whether any ‘scarcity’ deduction fell to be made and to its assessment of that deduction as 30%.

Judges:

Mr Justice Ouseley

Citations:

[2002] EWHC 835 (Admin)

Links:

Bailii

Statutes:

Rent Act 1977

Jurisdiction:

England and Wales

Citing:

Cited – Metropolitan Properties v Finegold CA 1975
The rental values of a block of flats were increased because of the presence nearby of an American school; the case turned on the equivalent provisions in the Rent Act 1968 to section 70(1) in the 1977 Act.
Held: One must have regard to the . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 23 May 2022; Ref: scu.172199

Regina v London Borough of Harrow ex parte Byrne: Admn 28 Feb 1997

Application to review decision that applicant though in priority need was homeless through her own voluntary act in failing to pay rent.
Held: Sufficient evidence had been placed before the committee for it to be able to say that it could conclude, as it had, that the presumption that she was party to the failure to pay rent in her previous accomodation was not rebutted.

Judges:

Rich J

Citations:

[1997] EWHC Admin 197

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Thanet District Council ex parte Groves QBD 1993
The applicant lived with her husband and family in rented accomodation. The husband drank, and spent money which should have gone to the rent. Though she had some small involvement, she did not know of the extent of the rent arrears. He left, and . .
Cited – Regina v North Devon District Council ex parte Lewis 1988
The court was asked what the effect of the conduct of one member of a family might be on the classification of other members as being voluntarily homeless: ‘the fact that the Act requires consideration of the family unit as a whole indicates that it . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 22 May 2022; Ref: scu.137142

Flores, Regina (on The Application of) v London Borough of Southwark: CA 15 Dec 2020

The court considered whether the appellant, who lived with his partner and their two children in a one bedroom flat where they were ‘statutorily overcrowded’, was entitled to be included within Band 1 of Southwark Council’s Housing Allocation Scheme. The council decided that he was not, because he had caused the overcrowding by his own deliberate act in moving into the property in the first place.

Judges:

Lord Justice Males

Citations:

[2020] EWCA Civ 1697

Links:

Bailii

Jurisdiction:

England and Wales

Housing

Updated: 22 May 2022; Ref: scu.656770

Sheppard-Capurro, Regina (on the Application of) v London Rent Assessment Panel: Admn 27 Jul 2005

Judges:

Mr Justice Collins

Citations:

[2005] EWHC 1867 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Spath Home Ltd v Greater Manchester and Lancashire Rent Assessment Committee QBD 13-Jul-1994
The rent assessment committee had rejected proposed market rent comparables as an indicator of market rent for the premises, because they were not satisfied of the actual absence of scarcity. The landlord had not demonstrated the unsoundness of . .
Cited – Curtis v Chairman of London Rent Assessment Committee; Huntingford and Packford CA 9-Oct-1997
The claimant sought to appeal the quashing of determinations of a fair rent for two properties. . .
Cited – Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee CA 9-Aug-1995
The rent assessment committee had rejected market rent comparables as an indicator of market rent for the subject premises, because, inter alia, they were not satisfied of the actual absence of scarcity, and thus found that the landlord had not . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 22 May 2022; Ref: scu.229743

Brown v Liverpool Corpn: CA 1969

The premises at issue consisted of a terraced house to which access was obtained from the street through a gate, down some steps and along a two metre path which led to the front door of the house.
Held: The steps were part of the exterior of the dwelling-house for the purpose of section 32(1)(a) of the 1961 Act.
Danckwerts LJ said that, as the steps were ‘the means of access’ to the dwelling-house in question, they were ‘plainly part of the building’.
Salmon LJ, agreeing, thought the case was not ‘by any means free from difficulty, or, indeed, from doubt’ and emphasised that his decision was based ‘on the particular facts of this case’ and not on ‘any general principle of law’.
Sachs LJ said that the case had ’caused [him] no little difficulty’, that he had ‘considerable hesitation’ and that the argument was ‘a very close run thing’; while he accepted that the covenant did not apply to ‘those parts of the demise that are not part of the building itself’, he considered that the issue was ‘one of degree and fact’, and that the judge had been ‘entitled’ to conclude that the steps were within the covenant.

Judges:

Danckwerts LJ, Salmon LJ, Sachs LJ

Citations:

[1969] 3 All ER 1345

Statutes:

Housing Act 1961 32

Jurisdiction:

England and Wales

Cited by:

Wrongly decided – Edwards v Kumarasamy SC 13-Jul-2016
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 20 May 2022; Ref: scu.622268

Hopwood v Cannock Chase District Council: CA 1975

Citations:

[1975] 1 WLR 373

Jurisdiction:

England and Wales

Cited by:

Cited – McAuley v Bristol City Council CA 25-Jun-1991
The Council appealed against a finding of liability to the plaintiff tenant who slipped and fell in the back garden of the tenanted house. . .
Approved – Edwards v Kumarasamy SC 13-Jul-2016
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 20 May 2022; Ref: scu.622318

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 agreement which gives a right to exclusive possession is prima facie a tenancy. The accommodation was however provided for a clear purpose, and that would require the ability to ask residents to swap rooms or to move on. ‘This is a very special case which depends on the peculiar nature of the hostel maintained by the Council, the use of the hostel by the Council, the totality immediacy and objectives of the powers exercisable by the Council and the restrictions imposed on Mr Clarke. The decision in this case will not allow a landlord private or public to free himself from the Rent Acts or from the restrictions of a secure tenancy merely by adopting or adapting the language of the licence to occupy.’

Judges:

Lord Templeman

Citations:

Gazette 29-Apr-1992, [1992] AC 288, [1992] 24 HLR 360, [1992] UKHL 11, [1992] 1 All ER 695

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Uratemp Ventures Limited v Collins HL 11-Oct-2001
Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy?
Held: A single room can be a dwelling. Each case must be interpreted in its own light as a question of fact, but respecting . .
Cited – Parkins v City of Westminster CA 20-Nov-1997
The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had . .
Cited – Brennan v London Borough of Lambeth CA 3-Jun-1997
The appellant sought to resist his eviction from temporary hostel accomodation provided to him by the local authority, saying that the provisions of the 1977 Act protected him.
Held: The agreement was a licence excluded from protection by the . .
Cited – 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 . .
Cited – Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust CA 20-Jul-2004
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 20 May 2022; Ref: scu.90421