UTLC LANDLORD AND TENANT – Rent determination – fair rent – application of Rent Acts (Maximum Fair Rent) Order 1999 – power of First-tier Tribunal to review its own decisions – whether mistaken understanding of relevant facts a permissible ground of appeal – appeal allowed by consent – whether to remit for further consideration
[2017] UKUT 238 (LC)
England and Wales
Updated: 26 March 2022; Ref: scu.587782
UTLC LANDLORD AND TENANT – Rent Determination – fair rent – sufficiency of reasons for FTT’s decision that the Rent Acts (Maximum Fair Rent) Order 1999 did not apply following improvements to premises – appeal allowed
[2017] UKUT 213 (LC)
Rent Acts (Maximum Fair Rent) Order 1999
England and Wales
Updated: 26 March 2022; Ref: scu.584537
Sir Wyn Williams
[2017] EWHC 1190 (Admin)
England and Wales
Updated: 26 March 2022; Ref: scu.584235
Application for judicial review of exclusion from Housing register
Land DBE J
[2017] EWHC 1113 (Admin)
England and Wales
Updated: 26 March 2022; Ref: scu.583973
Appeal against demolition order.
[2016] ScotSC 81 – 2
The Housing (Scotland) Act 1987
Scotland
Updated: 26 March 2022; Ref: scu.583963
HOUSING – SELECTIVE LICENCING – Part 3, Housing Act 2004 – residential premises converted without planning permission – whether relevant to decision on licence application – appeals allowed
[2017] UKUT 153 (LC)
England and Wales
Updated: 24 March 2022; Ref: scu.582130
Black, Sharp, Thirlwall LJJ
[2017] EWCA Civ 252
England and Wales
Updated: 24 March 2022; Ref: scu.582089
The claimant challenged the way in which the housing allocation scheme operated by Southwark London Borough Council was applied to her.
[2017] EWHC 736 (Admin)
England and Wales
Updated: 24 March 2022; Ref: scu.581635
[2017] EW Misc 2 (CC)
England and Wales
Updated: 24 March 2022; Ref: scu.581134
[2017] EWCA Civ 189
England and Wales
Updated: 24 March 2022; Ref: scu.581080
ECJ (Judgment) Appeal – State aid – Existing aid – Article 108(1) TFEU – Aid schemes in favour of social housing corporations – Regulation (EC) No 659/1999 – Articles 17, 18 and 19 – Assessment by the Commission of the compatibility with the internal market of an existing aid scheme – Proposal of appropriate measures – Commitments given by the national authorities in order to comply with EU law – Compatibility decision – Scope of judicial review – Legal effects
ECLI:EU:C:2017:215, [2017] EUECJ C-414/15
European
Updated: 23 March 2022; Ref: scu.580723
ECJ (Judgment) Appeal – State aid – Existing aid – Article 108(1) TFEU – Aid schemes in favour of social housing corporations – Regulation (EC) No 659/1999 – Articles 17, 18 and 19 – Assessment by the Commission of the compatibility with the internal market of an existing aid scheme – Proposal of appropriate measures – Commitments given by the national authorities in order to comply with EU law – Compatibility decision – Scope of judicial review – Legal effects
ECLI:EU:C:2017:216, [2017] EUECJ C-415/15
European
Updated: 23 March 2022; Ref: scu.580724
The tenant appealed against a decision on whether alternatve accommodation offered by the landlord was adequate saying that the judge had not expressly found it to be reasonable.
Held: Morton LJ said that when a judge gives a decision giving possession to the landlord, the appeal court should always assume that he has applied his mind to the question of reasonableness before giving his decision.
Morton LJ
[1947] 1 All ER 193
England and Wales
Cited – PB Investments Ltd v McInnes CA 19-Jun-2007
The defendant was a Rent Act tenant. She was the last remaining tenant in a block of twenty flats which the landlord wished to redevelop. She said that the alternative accommodation offered was unsuitable. She had not co-operated with the claimant . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.263958
Landlords had let the property to their caretaker of the whole premises. andpound;40 was to be deducted from the agreed rental value of the house (andpound;66), and he was to pay andpound;26pa in rent. The parties agreed that the letting was governed by the Rent Restriction Acts. Later his wage was increased to andpound;66.00 leaving no rent payable.
Held: The tenant retained the advantage of having his tenancy protected under the Acts. The alteration created no new tenancy or discontinuance of the existing tenancy because no rent payment was now to be paid. Rent can be validly paid and taken in kind, taking, for example, the form of the supply of goods or services, as long as the parties have agreed a quantification of the value of kind in terms of money.
Denning LJ said that where rent was payable in kind, eg in goods or services, the value of which has by agreement been quantified in terms of mone, the sum so quantified is the rent of the house within the meaning of the Rent Restriction Acts, and if it exceeds two thirds of the rateable value, the house is within the Acts: ‘There is no reason to doubt that the consideration supplied was anything other than a proper one as between the parties and in the circumstances of this application I am unable to see why I should reject the consideration as not being the best reasonably obtainable.’
Denning LJ
[1954] 1 WLR 1039, [1954] 2 All ER 601, (1954) 98 Sol Jo 492
England and Wales
Cited – Vesely v Levy and others CA 27-Apr-2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.251557
Savile J: ‘I am not persuaded that because there is now the Control of Pollution Act and there was previously the Noise Abatement Act that therefore lends any support to the construction [that the Public Health Act 1936 did not apply to premises whose standard of noise insulation was such as make the premises prejudicial to health). Under s 92 (l)(a) the question is not whether the noise itself is a statutory nuisance but whether the premises are in such a state as to be prejudicial to health. ‘
Savile J
(1989) 21 HLR 505
England and Wales
Cited – Vella v London Borough of Lambeth Admn 14-Nov-2005
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation.
Held: The . .
Cited – Cunningham v Birmingham City Council Admn 6-May-1997
The council appealed against the finding that the complainant’s premises occupied under a tenancy of the council, constituted a statutory nuisance which they had a duty to abate. The claimant’s son was disabled and his condition involved behavioural . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.235386
The court considered whether a tenancy had ceased to be secure by reason of the tenant’s failure to continue to fulfil the condition set by section 81 of the Act of 1985, namely occupation of the property ‘as his only or principal home’. For about a year the secure tenant had gone to live with his girlfriend and had thereafter returned to the property. During that period he had paid rent and rates, visited the property once a month and at some stage had spent a week back there. His evidence was that he had not abandoned the property and had had every intention of returning to it. The trial judge found that, even during that period of about a year, the property had remained, if not his only home, at least his ‘principal home’ for the purpose of section 81 and so the local authority was not entitled to possession of it.
Held: The judge had been entitled to conclude that the tenant had been living with his girlfriend only on a temporary basis and that, indeed, his principal home remained the property during that period.
Parker LJ: ‘Going through the whole thread of these matters is the common principle that, in order to occupy premises as a home, first, there must be signs of occupation – that is to say, there must be furniture and so forth so that the house can be occupied as a home – and, secondly, there must be an intention, if not physically present, to return to it.’
Parker LJ
(1987) 20 HLR 98
England and Wales
Cited – Steven We Ping Wall v Sheffield City Council CA 23-Mar-2006
The appellant had been fostered by the deceased, and on her death continued to live in her house held under a secure tenancy of the respondent. The council sought possession, saying that he was not a member of the deceased’s family within section . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.241562
The applicant was an alcoholic and had in 1980 been hit by a motor vehicle and suffered a severe head injury. He sought judicial review of the respondent’s failure to house him.
Held: The appeal was allowed: ‘The question we have to consider is whether or not the applicant is vulnerable and secondly whether the vulnerability is as a result of old age, mental illness or handicap or physical or other special reason. Dealing first with the meaning of ‘vulnerable’, vulnerable literally means ‘may be wounded’ or ‘susceptible of injury’. (See the Concise Oxford Dictionary, 6th edition (1976), p.1305.) In our opinion, however, vulnerable in the context of this legislation means less able to fend for oneself so that injury or detriment will result when a less vulnerable man will be able to cope without harmful effects.’ and ‘There can be no question here but that the applicant is vulnerable. The Judge accepted that there was a degree of vulnerability. Furthermore it is reasonably clear that the degree of vulnerability increased as a result of serious accident with severe brain injury in the early summer of 1980. Before that, although he had a drink problem, the applicant was able to cope, living in lodgings. Since the accident nobody will give him lodgings and all those who have considered his case take the view that he needs either ‘support’ or ‘help’ or ‘a degree of shelter’ or ‘sheltered accommodation . . . The first question which has to be considered is whether or not there is vulnerability. If there is vulnerability, then does it arise from those matters which are set out within section 2(1)(c)? It may not arise from any single one but it may arise from a combination of those causes.’
Waller LJ
[1983] QB 238, Times 25-May-1982, [1982] 3 WLR 661, [1982] 3 All ER 727
Housing (Homeless Persons) Act 1977 2(1)
England and Wales
Reversed in part – Regina v Waveney District Council ex parte Bowers 25-May-1982
The applicant sought judicial review of a decision that he was not homeless under section 1 of the Act. For 15 months he had been using a night shelter in Lowestoft. It was an unheated dormitory in a derelict building. It was empty and closed . .
Cited – Griffin v Westminster City Council CA 28-Jan-2004
The claimant sought emergency rehousing saying that he was a vulnerable person within section 189. The court at first instance had overturned the rejection of his claim by the authority.
Held: The test set out in the statute was to be followed . .
Cited – 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 – Regina (on the application of) Awua v Brent London Borough Council HL 6-Jul-1995
Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.192636
Mr Justice Cavanagh
[2021] EWHC 2174 (Admin)
England and Wales
See Also – Croydon London Borough Council v Kalonga CA 27-Jan-2021
Whether a landlord can terminate a flexible tenancy agreement for a fixed term of five years prior to the expiry of the fixed term if no express provision is made in the tenancy agreement for re-entry or forfeiture . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.666523
Richards, Floyd, Sales LJJ
[2015] EWCA Civ 1051, [2015] WLR(D) 435
England and Wales
Appeal from – Samuels v Birmingham City Council SC 12-Jun-2019
The appellant had been provided with emergency accommodation after losing her assured shorthold tenancy, but the court was now asked ‘whether the council adopted the correct approach in determining that the accommodation was ‘affordable’ for those . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.553856
After a warrant for possession has been executed, the court’s inherent jurisdiction to re-instate a tenant is available only where the original judgment is set aside or there is shown to have been some abuse of process in the obtaining of the warrant. The court made it clear that it cannot add to the requirements of the rules by treating failure to give notice to the occupier of the obtaining of a warrant for possession as being oppressive or an abuse of process.
[1986] 19 HLR 145
England and Wales
Cited – Chater v Mortgage Agency Services Number Two Ltd CA 3-Apr-2003
The plaintiff mortgagee had had his warrant for possession executed. He now appealed against an order re-instating the mortgagor to possession.
Held: The wife had been unaware of the charge, and had not been made party to the proceedings. . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.199713
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in individuals for damages, nor to ensure that all homeless people are accommodated. The Act created no such right explicitly, and a public law means of enforcing the Act was in place. No private action for damages for breach lay against the council.
Lord Hoffmann said: ‘the [Housing] Act [1985] is a scheme of social welfare, intended to confer benefits at the public expense on grounds of public policy. Public money is spent on housing the homeless not merely for the private benefit of people who find themselves homeless but on grounds of general public interest: because, for example, proper housing means that people will be less likely to suffer illness, turn to crime or require the attention of other social services. The expenditure interacts with expenditure on other public services such as education, the National Health Service and even the police. It is not simply a private matter between the claimant and the housing authority. Accordingly, the fact that Parliament has provided for the expenditure of public money on benefits in kind such as housing the homeless does not necessarily mean that it intended cash payments to be made by way of damages to persons who, in breach of the housing authority’s statutory duty, have unfortunately not received the benefits which they should have done.’
Lord Goff of Chieveley, Lord Mustill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann
[1997] UKHL 24, [1997] 3 WLR 86, [1998] AC 188, [1997] 3 All ER 23
England and Wales
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Wyatt v Hillingdon London Borough Council CA 1978
A local authority was sued by a disabled person for breach of the duty imposed by s.2 of CSDPA.
Held: The case was struck out on the basis that her proper remedy was to persuade the Minister to use his default powers under s. 36 of the 1948 . .
Applied – Cocks v Thanet District Council HL 25-Nov-1981
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – 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 – 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 . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Cited – Poole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 February 2022; Ref: scu.158899
application for assistance with homelessness
[2019] EWCA Civ 57
England and Wales
Updated: 09 February 2022; Ref: scu.633101
The defendant boat owner appealed against an order requiring the removal of his boat from te hwaterway. He had a licence based upon a stated intention of genuine navigation, but had for a period of several months confined the boat with a 5km section. He appealed saying that the respondents had not considered the need to allow for the fact that the boat was his home, with associated human rights.
Jackson, McCombe, Sales LJJ
[2017] EWCA Civ 135
England and Wales
Updated: 09 February 2022; Ref: scu.579607
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home.
Held: The appeal was dismissed. The disabilty premium, as part of the UK’s social welfare system, was a sufficient possession to found a claim within article 14. It was necessary for a person alleging infringement to establish that the discrimination was connected with a status, a personal characteristic. That phrase should be given a generous interpretation, and homelessess was such a status. Nevertheless, this was a matter of policy in which courts should be slow to intervene: ‘the discrimination in the present case was justified, in the sense that the government was entitled to adopt and apply the policy at issue. This is an area where the court should be very slow to substitute its view for that of the executive, especially as the discrimination is not on one of the express, or primary, grounds.’
The House was asked whether the Court of Appeal was obliged to apply an earlier decision which was was incompatible with a later decision of the European Court of Human Rghts.
Held: Where the earlier decision was one by the House of Lords, it must be left to the House to reconsider the issue if needed, but ‘decisions of the ECtHR are not always followed as literally as some might expect.’ and ‘As a matter of principle, it should be for this House, not for the Court of Appeal, to determine whether one of its earlier decisions has been overtaken by a decision of the ECtHR.’ The Court of Appeal was entitled to depart from its earlier decision in Campbell [2004] 3 All ER 387, as a result of the subsequent decision of the ECtHR in Stec 41 EHRR SE295.
Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Mance, Lord Neuberger of Abbotsbury
[2008] UKHL 63, [2008] 3 WLR 1023, [2009] 2 All ER 556, [2009] HRLR 5, [2009] PTSR 336, [2009] UKHRR 117, [2009] 1 AC 311
Income Support (General) Regulations 1987, European Convention for the Protection of Human Rights and Fundamental Freedoms 14, Social Security Contributions and Benefits Act 1992
England and Wales
At first Instance – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 13-Jul-2006
. .
Appeal from – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions CA 28-Jun-2007
Whether a person who is entitled to income support and who would otherwise be entitled to disability premium as part of his IS loses his entitlement to DP during any period in which he is ‘without accommodation’. . .
Cited – Kjeldsen, Busk, Madsen and Peddersen v Denmark ECHR 7-Dec-1976
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
Cited – AL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on . .
Cited – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Cited – Stubbings and Others v The United Kingdom ECHR 22-Oct-1996
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: . .
Cited – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – Kafkaris v Cyprus ECHR 12-Feb-2008
(Grand Chamber) The claimant said that his rights had been infringed by the mandatory imposition of a life sentence after conviction for murder. Only the President could order the release of such a prisoner, either by exercising the power of mercy . .
Cited – Stec and Others v United Kingdom ECHR 12-Apr-2006
(Grand Chamber) The claimants said that differences between the sexes in the payment of reduced earning allowances and retirement allowances were sex discrimination.
Held: The differences were not infringing sex discrimination. The differences . .
Cited – Young v The Bristol Aeroplane Co Ltd CA 28-Jul-1944
Court of Appeal must follow Own Decisions
The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.
Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . .
Cited – Engel And Others v The Netherlands (1) ECHR 8-Jun-1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining . .
Cited – Sidabras and Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in . .
Cited – Davis v Johnson HL 2-Jan-1978
The court was asked to interpret the 1976 Act to see whether its protection extended to cohabitees as well as to wives. In doing so it had to look at practice in the Court of Appeal in having to follow precedent.
Held: The operation of the . .
Cited – Johnston and Others v Ireland ECHR 18-Dec-1986
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage . .
Cited – Chassagnou and Others v France ECHR 29-Apr-1999
A law permitted local authorities to oblige landowners to transfer hunting rights over private land to approved hunting associations. The landowners could not prevent hunting on their property. Landowners so affected were made members automatically . .
Cited – Gerger v Turkey ECHR 8-Jul-1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Preliminary objection rejected (non-exhaustion, lack of jurisdiction); Violation of Art. 6-1 (independent and impartial tribunal); Not necessary . .
Cited – 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 . .
Cited – Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions CA 7-Apr-2004
The claimants were members of the Jesus Fellowship church, living communally. Their claim for housing benefit was rejected on the basis that the payment made was not by way of a commercial rental.
Held: The court could take into account the . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Followed – Kjeldsen, Busk Madsen and Pedersen v Denmark ECHR 7-Dec-1976
The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .
Cited – N, Regina (on the Application of) v Secretary of State for Health; Regina (E) v Nottinghamshire Healthcare NHS Trust CA 24-Jul-2009
The claimants appealed against the imposition on them of smoking bans while they were compulsorily detained at Rampton Hospital. They said that other persons detained for example in prisons had been exempted fully.
Held: The right or freedom . .
Cited – Stewart v Secretary of State for Work and Pensions CA 29-Jul-2011
The court considered the arrangements for providing public support for the costs of funerals. The claimant’s son had died whilst she was in prison. Assistance had been refused because, as a prisoner, she was not receiving benefits. She complained . .
Cited – Humphreys v Revenue and Customs SC 16-May-2012
Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother.
Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the . .
Cited – TW v London Borough of Enfield and Another QBD 8-May-2013
The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights.
Held: The test for allowing proceedings was set at a low level, and even if section 139 does . .
Cited – MA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others QBD 30-Jul-2013
Ten disabled claimants challenged the changes to the 2006 Regulations introduced by the 2012 Regulations. The changes restricted the ability to claim Housing Benefit for bedrooms deemed extra. The claimants said that in their different ways each had . .
Cited – Mathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Cited – Stott, Regina (on The Application of) v Secretary of State for Justice SC 28-Nov-2018
Extended Determinate Sentence created Other Status
The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that . .
Cited – DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-May-2019
Several lone parents challenged the benefits cap, saying that it was discriminatory.
Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 February 2022; Ref: scu.277129
The Council appealed againt refusal of an order for possession of its property tenanted by the defendant. She was said to have obtained the tenancy by a fraudulent application.
Laddie J
[2003] EWHC 1765 (Ch)
England and Wales
Updated: 07 February 2022; Ref: scu.560720
Mr Justice Hamblen
[2014] EWHC 1039 (Admin)
England and Wales
Updated: 07 February 2022; Ref: scu.523740
The council appealed against rejection of its complaint that the defendant had used their maisonette as a house in in multiple occupation without first obtaining the licence required. The parties had disputed whether two maisonettes amounted to more than three floors for the purposes of the legislation, given the complicated layout of the particular house and its entrance.
Held: The appeal was dismissed. The Council’s proposed interpretation interpretation of the Order would stretch its meaning. The court had on the one hand to bear in mind the need to to impose a criminal penalty where legislation was ambiguous and on the other hand that the legislation addressed a serious public safety issue.
Burnett J said: ‘ It is clear that there is no intention to include a mezzanine floor if it is used solely as a means of access between adjoining floors. Mezzanine floors often achieve more than that. In many houses a mezzanine floor has one or more rooms, a bathroom, cloakroom or small bedroom, perhaps. If the result were that the mezzanine floor was used wholly or mainly as living accommodation, it would fall into account. Similarly, if the mezzanine floor was used in connection with and as an integral part of the HMO. However, article 3(3)(e) is structured in a way which would allow a mezzanine floor not to be used solely as a means of access between floors, but nonetheless not to count as a story for the purposes of the legislation. It does not count a mezzanine as a storey which is used as access and also for some other purpose falling short of use wholly or mainly as living accommodation, or use in connection with and as an integral part of the HMO.’ and
‘On any reading of sub-paragraph (f) the lobby and landing associated with the private staircase from the ground floor to the upper maisonette at 12, John Street do not count as ‘storeys’. ‘
Burnett J
[2014] EWHC 869 (Admin)
Housing Act 2004 55, Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
England and Wales
Cited – London Borough of Islington v The Unite Group Plc Admn 22-Mar-2013
The Council sought a declaration that certain accomodation provided by the defendant constituted housing in multiple accomodation (HMO), and that it therefore required a licence from the Council under the 2004 Act. There were two storeys of business . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 February 2022; Ref: scu.523301
Application for leave to appeal against refusal of judicial review of decision that she had made herself intentionally homless.
Sir Peter Gibson
[2008] EWCA Civ 792
England and Wales
Updated: 04 February 2022; Ref: scu.577933
David Lock QC Sitting as a Deputy Judge of the High Court
[2021] EWHC 1138 (Admin)
England and Wales
Updated: 04 February 2022; Ref: scu.662343
[2022] UKUT 5 (LC
England and Wales
Updated: 04 February 2022; Ref: scu.671190
[2017] EWHC 274 (Admin)
England and Wales
Updated: 03 February 2022; Ref: scu.577303
Whether the Borough was a water re-seller.
Lord Justice Lewison
[2020] EWCA Civ 1381
England and Wales
Updated: 03 February 2022; Ref: scu.655182
Application for judicial review of a decision made on 2nd June 2009 by the First Tier Tribunal (Social Entitlement Chamber). The application concerns the true interpretation of regulation 3(2)(e) of the Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005.
Mr Justice Stadlen
[2009] EWHC 3819 (Admin)
Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005.
England and Wales
Updated: 02 February 2022; Ref: scu.416517
HOUSING – RENT PAYMENT – whether a rent repayment order may be made against a director of a company landlord – s.251, Housing Act 2004 – ss. 40, 41, Housing and Planning Act 2016 – appeal dismissed
[2022] UKUT 11 (LC)
England and Wales
Updated: 02 February 2022; Ref: scu.671191
Housing – Rent Repayment Order – Amount Awarded – whether any reason to award less than the full rent – conduct of the parties – financial circumstances of the landlord
[2020] UKUT 289 (LC)
England and Wales
Updated: 30 January 2022; Ref: scu.655164
The court considered a local connection referral case, raising a point of principle with respect to determining upon which housing authority the housing duty falls where there has been a cessation of housing duty by one authority and a new application made to another housing authority.
Karen Walden-Smith HHJ
[2017] EWHC 24 (Admin)
England and Wales
Updated: 28 January 2022; Ref: scu.573236
The claimants were tenants who sought damages from their local authority landlords, for failing to remedy defects such as mould, mildew, and condensation in the dwellings let to them. The defects were a result of the design of the building. They asked the court to revisit the law settled in the Quick case in the light now of the Human Rights Act.
Held: Quick was not decided per incuriam. There was neither common law nor statutory reason to think that a general burden such as that requested was in fact imposed by law. The law allowed for repair of properties where the defect was one which arose from being ‘out of repair’. The Human Rights Act and the Convention did not assist the claimants.
Lord Justice Chadwick, Lord Justice Tuckey and Sir Murray Stuart-Smith
Times 29-Jan-2002, Gazette 06-Mar-2002, [2002] EWCA Civ 6, [2002] 1 EGLR 103
Bailii, Bailii
Human Rights Act 1998 6, European Convention on Human Rights Art 8, Landlord and Tenant Act 1985 11, Defective Premises Act 1972 4
England and Wales
Citing:
Cited – Quick v Taff Ely Borough Council CA 1986
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to . .
Cited by:
Cited – Dunn v Bradford Metropolitan District Council etc CA 31-Jul-2002
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession.
Held: Parliament had given wide discretion to the courts to find a balance . .
Lists of cited by and citing cases may be incomplete.
Housing, Human Rights
Updated: 27 January 2022; Ref: scu.167481
Holgate J
[2016] EWHC 3324 (Admin)
Bailii
England and Wales
Housing
Updated: 27 January 2022; Ref: scu.572726
The court considered the status of residents of almshouses, and in particular whether they were licensees or tenants with associated security.
Held: The occupier’s appeal failed: ‘We do not accept the proposition that, if and insofar as Mrs Watts was a beneficiary of the Charity, her occupation was that of tenant at will of the trustees. The status of a beneficiary occupying trust property will depend upon the terms and conditions on which the occupation was permitted. The beneficiary may be the tenant for life under a settlement. The terms of the trust may expressly permit the trustees to grant a tenancy or a licence to a beneficiary on particular terms. If a beneficiary is permitted to occupy trust property without any express terms stated or agreed and without any governing provision of the trust instrument to throw light on those terms and conditions, the occupation status of the beneficiary will depend upon the proper conclusion to be drawn from all the admissible evidence as to whether it was intended that the beneficiary should occupy as licensee or in some other capacity. In the present case, for the reasons we have given, the terms on which Mrs Watts was permitted to occupy the property excluded the grant of legal possession. There is simply no scope in those circumstances to infer the grant of a tenancy at will.’
Sir Terence Etherton MR, Arden DBE, Lloyd Jones LJJ
[2016] EWCA Civ 1247, [2016] WLR(D) 666, [2017] 1 P and CR DG18, [2017] L and TR 24, [2017] 2 WLR 1107, [2017] HLR 8
Bailii, WLRD
England and Wales
Citing:
Cited – Allan v Liverpool Overseers 1874
The court was asked whether a steamship company was liable to be rated in respect of its occupation of sheds which it occupied under a licence from the Mersey Docks and Harbour Board. The court noted that liability for rates fell only on a person . .
Cited – Errington v Errington and Woods CA 19-Dec-1951
There was a contract by a father to allow his son to buy the father’s house on payment of the instalments of the father’s Building Society loan.
Held: Denning LJ reviewed the cases and said: ‘The result of all these cases is that, although a . .
Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Cited – Gray and others v Taylor CA 2-Apr-1998
A right of occupation given by an almshouse under a charitable trust was an occupation under a licence without right of possession, not an assured tenancy. The plaintiff’s conditions of occupancy stated: ‘Residents are licensees and pay a . .
Cited – Earl of Pomfret v Lord Windsor (1) 30-Jul-1752
An occupying beneficiary under a settlement, who was in possession by permission of the trustees, was a tenant at will to the trustees. . .
Cited – Radaich v Smith 7-Sep-1959
(High Court of Australia) Justice Windeyer said: ‘What then is the fundamental right which a tenant has that distinguishes his position from that of a licensee? It is an interest in land as distinct from a personal permission to enter the land and . .
Cited – Larkos v Cyprus ECHR 18-Feb-1999
The applicant had rented a house from the government, but was ordered to vacate the house following revocation of his tenancy. Because he had been a tenant of the government he was not, under domestic law, entitled to the security which he would . .
Cited – Blecic v Croatia ECHR 29-Jul-2004
The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six . .
Cited – Niholas v Secretary of State for Defence ChD 1-Aug-2013
The claimant had been the wife of a military officer, and occupied a property licensed to him by the defendant. They divorced and he left, and she now resisted grant of possession to the defendant.
Held: The claimant failed. However, there was . .
Cited – Nicholas v Secretary of State for Defence CA 4-Feb-2015
The claimant wife of a Squadron Leader occupied a military house with her husband under a licence from the defendant. When the marriage broke down, he defendant gave her notice to leave. She now complained that the arrangement was discriminatory and . .
Cited – Di Palma v United Kingdom ECHR 1-Dec-1986
(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also . .
Cited – Wood v United Kingdom ECHR 2-Jul-1997
(Commission decision as to admissibility) The applicant’s house had been repossessed by a mortgagee when she defaulted on her payments due under the mortgage. Her complaint was found to be manifestly ill-founded, saying ‘In so far as the . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
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 – McDonald v McDonald and Another CA 24-Jul-2014
The appellant had a personality dosorder. Her parents bought a house and granted her series of assured shorthold tenancies. After they fell into rrears on the morgtgage, the bank appointed receivers. The rent then also hell into arears, and they . .
Cited – Southward Housing Co-Operative Ltd v Walker and Another ChD 8-Jun-2015
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of . .
Cited by:
Cited – Watkins, Regina (on The Application of) v Newcastle Upon Tyne County Court and Another Admn 2-May-2018
Whether almshouse tenant had been in breach of terms of letter of appointment, and whether the agreement was in fact a tenancy. . .
Lists of cited by and citing cases may be incomplete.
Housing, Human Rights
Updated: 27 January 2022; Ref: scu.572423
Appeal against rejection of claim for damages for wrongful eviction and damages to goods.
Held: The judge had found not that the defendant had failed to give appropriate notice, but that he had not been personally involved other than as an interested onlooker in the eviction. The appeal failed.
Sir James Munby P FD, Briggs LJ
[2016] EWCA Civ 1266
Bailii
England and Wales
Citing:
Cited – Minister of Health v Bellotti CA 1944
298 blocks of flats had been requisitioned to provide accommodation for persons evacuated from Gibraltar during the war. The evacuees occupied the various flats as licensees. They were given only one week’s notice terminating their licences.
Cited – Robson v Hallett CA 1967
A police officer had been impliedly invited onto land, and was asked to leave, but was then assaulted before he had chance to leave.
Held: The conviction was upheld.
There is an implied licence available to members of the public on . .
Cited – Parker v Parker ChD 24-Jul-2003
Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time.
Held: The applicant was entitled to reasonable . .
Lists of cited by and citing cases may be incomplete.
Housing, Torts – Other
Updated: 27 January 2022; Ref: scu.572414
The authority had served notices on the second defendant, requiring him to execute works to bring a property up to a habitable condition. Eventually the authority executed the works themselves, and sought repayment from him of the costs. He resisted enforcement proceedings on the basis that claim was defeated by limitation, and the long delay.
Held: The Act provided that ‘the amount of any expenses and interest thereon due to a local authority . . . shall be a charge on the premises in respect of which the expenses were incurred’. The charge does not take effect until the demand becomes operative and time cannot therefore begin to run for the purposes of an action for possession until 21 days after service of the demand, and time does not begin to run until the demand is made. The appeal failed.
Mr Justice Lawrence Collins
[2001] EWHC Ch 411
Bailii
Housing Act 1985, Limitation Act 1980 15(1)
England and Wales
Citing:
Cited – Swansea City Council v Glass CA 1992
The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more . .
Cited – Hornsey Local Board v Monarch Investment Building Society CA 1889
The local authority had incurred expense in paving a street. They were entitled to apportion those expenses amongst the owners of the properties fronting onto that street and summarily to recover from the respective owners the amounts so . .
Lists of cited by and citing cases may be incomplete.
Housing, Limitation
Updated: 27 January 2022; Ref: scu.135415
Case about Government policy, rough sleepers and the pandemic.
Mr Justice Fordham
[2022] EWHC 85 (Admin)
Bailii
England and Wales
Administrative, Housing
Updated: 27 January 2022; Ref: scu.671493
The parties disputed the Council’s power to set the net eligible rents for Housing Benefits payable for accomodation.
[2016] EWCA Civ 1211
Bailii
Housing Benefit Regulations 2006
England and Wales
Housing, Benefits, Local Government
Updated: 26 January 2022; Ref: scu.571998
UTLC HOUSING – housing conditions and housing standards — Housing Act 2004 — Housing Health and Safety Rating System (England) Regulations 2005 — local housing authority deciding to take emergency remedial action in relation to what it assessed to be a category 1 hazard — appeal by way of rehearing against that decision to the First-tier Tribunal — matters to be considered by FtT upon such an appeal
[2016] UKUT 510 (LC)
Bailii
Housing Act 2004, Housing Health and Safety Rating System (England) Regulations 2005
England and Wales
Housing
Updated: 26 January 2022; Ref: scu.571765
The case concerns the extent of a housing authority’s duty of inquiry, in light of the public sector equality duty set out in section 149 of the Equality Act 2010, into whether an applicant for homelessness assistance has a disability requiring special arrangements to be made.
Black, Beatson, Sales LJJ
[2016] EWCA Civ 1137
Bailii
Housing Act 1996, Equality Act 2010 149
England and Wales
Housing, Discrimination
Updated: 25 January 2022; Ref: scu.571419
Market Rent (Assured Shorthold Tenancy)
[2019] UKFTT RP – AM – 42UG –
Bailii
England and Wales
Housing
Updated: 25 January 2022; Ref: scu.644503
Application for judicial review of a decision by the London Borough of Hillingdon to decline to accept the Claimant’s application made under section 183 of the Housing Act 1996 for accommodation.
Neil Cameron QC
[2016] EWHC 2647 (Admin)
Bailii
Housing Act 1996 183
England and Wales
Housing
Updated: 24 January 2022; Ref: scu.570780
Appeal against order for possession of house subject to life tenancy
Moore-Bick VP CA, McCombe LJJ
[2016] EWCA Civ 1062
Bailii
England and Wales
Housing
Updated: 24 January 2022; Ref: scu.570651
Appeal from order for possession of house formerly subject to secure tanancy.
Arden, Underhill, Briggs LJJ
[2016] EWCA Civ 1052
Bailii
England and Wales
Housing
Updated: 24 January 2022; Ref: scu.570645
The court was asked: ‘can the court proceed to validate a warrant of possession where a landlord who seeks to enforce his right to possession because of an alleged breach of the terms of a suspended possession order has not complied with CPR 83.2? ‘
Held: CPR r 83.2 were intended to provide real protection for tenants. Where an order for possession was granted under conditions, it was vital for the landlord to be able to show that those conditions had been satisfied before obtaining a warrant for possession. However, the warrant was not a nullity or void, but merely voidable. The court had a discretion under CPR 3.10 to arrange things so that a procedural error could be remedied. Here, the tenant was given the opportunity to be heard on an application to discharge the warrant, which was sufficient to cure the error.
Arden, Briggs LJJ
[2016] EWCA Civ 1034, [2016] WLR(D) 536
Bailii, WLRD
Civil Procedure Rules 83.2
England and Wales
Citing:
Cited – Vinos v Marks and Spencer plc CA 2001
The appellant claimed personal injuries. His solicitors issued a claim form within the limitation period, but only served it after the expiry of the four month period after the date of issue within which CPR 7.5 stipulated that the claim had to be . .
Cited – St Brice and Another v Southwark London Borough Council CA 17-Jul-2001
The council having obtained a possession order, suspended on terms, through court proceedings, later sought to enforce the order by a warrant for possession issued without first giving notice to the tenant. The tenant alleged that the grant of the . .
Cited – Hashtroodi v Hancock CA 27-May-2004
The claimant had issued proceedings in time, but then the limitation period expired before it was served, and in the meantime the limitation period had expired. The defendant appealed against an automatic extension of time for service granted to the . .
Cited – Steele v Mooney and others CA 8-Feb-2005
The claimant had sought an extension of time for service of her claim form in her action for personal injury. The solicitors in error did not include the words ‘claim form’ in their request. The judge had initially held the error was one of drafting . .
Lists of cited by and citing cases may be incomplete.
Housing, Civil Procedure Rules.
Updated: 24 January 2022; Ref: scu.570361
HOUSING – emergency remedial action – excess cold – whether imminent risk of serious harm – RPT holding no imminent risk – whether RPT applied too stringent a test of imminent harm – appeal dismissed
[2010] UKUT 334 (LC)
Bailii
England and Wales
Housing
Updated: 23 January 2022; Ref: scu.569599
UTLC PARK HOMES – SITE LICENSING – compliance notices – s. 9A, Caravan Sites and Control of Development Act 1960
[2016] UKUT 400 (LC)
Bailii
Caravan Sites and Control of Development Act 1960 9A
England and Wales
Housing
Updated: 23 January 2022; Ref: scu.569593
Housing Act 2004 – prohibition notice – hazard relevance of building regulations – error of law – result the same.
[2010] UKUT 351 (LC)
Bailii
England and Wales
Land, Housing
Updated: 23 January 2022; Ref: scu.569597
UTLC LANDLORD AND TENANT – RENT DETERMINATION – assured periodic tenancy – whether agreement provided for contractual rent review and so precluded reference of proposed new rent to tribunal – whether mere statement of tenants’ rights – ss 13-14, Housing Act 1988 – appeal dismissed
[2016] UKUT 405 (LC)
Bailii
England and Wales
Landlord and Tenant, Housing
Updated: 23 January 2022; Ref: scu.569590
[2016] UKUT 357 (AAC)
Bailii
England and Wales
Benefits, Housing
Updated: 23 January 2022; Ref: scu.569532
Central London County Court – appeal by W under s. 204 of the Housing Act 1996 against the decision on review by the respondent local housing authority (‘Haringey’), upholding an earlier decision that he was not within a category of persons who are in ‘a priority need for accommodation’, as specified in s. 189(1) of the same Act.
[2016] EW Misc B20 (CC)
Bailii
Housing Act 19965 8204
Housing
Updated: 22 January 2022; Ref: scu.568930
Correct procedure for terminating a periodic tenancy following the death of the tenant and before probate or letters of administration have been granted.
[2020] EWCA Civ 1339
Bailii
Law of Property (Miscellaneous Provisions) Act 1994 18
England and Wales
Housing, Land, Wills and Probate
Updated: 22 January 2022; Ref: scu.655048
Tomlinson LJ
[2016] EWCA Civ 653
Bailii
Housing Act 1996
England and Wales
Housing
Updated: 22 January 2022; Ref: scu.568597
The landlords appealed against the maximum fair rent for premises as set by the Rent Assessment Committee. It had been found to be a capped rent, and set at andpound;8.50 per week. The landlords had wanted above andpound;140.00. The tenant was a protected tenant.
Held: The tenancy was a weekly furnished tenancy granted in 1974 after statutory protection was extended to furnished tenancies. It remains subject to the statutory regime for both protection and rent regulation that is applicable to such tenancies currently set out in the Rent Act 1977. The landlords said that the tenant having refused access to carry out improvements, the rent should be set on the basis that they had been carried out, applying the execption in section 70 of the 1977 Act. However there was no sufficient evidence of access being requested or refused.
Thornton J QC
[2010] EWHC 453 (Admin)
Bailii
The Rent Acts (Maximum Fair Rent) Order 1999, Rent Act 1977 70
England and Wales
Landlord and Tenant, Housing
Updated: 22 January 2022; Ref: scu.412275
Lord Justice Henry
And
Mr Justice Wall
[2000] EWCA Civ 292
Bailii
England and Wales
Housing, Costs
Updated: 22 January 2022; Ref: scu.147325
PARK HOMES – ELECTRICITY CHARGES – written statement requiring occupiers to pay for electricity supplied by park owner – no term fixing price of supply – disagreement over price – maximum resale price – whether charge to include contribution to climate change levy – section 4, Mobile Homes Act 1983 – section 44, Electricity Act 1989 – appeal allowed
[2021] UKUT 309 (LC)
Bailii
England and Wales
Housing
Updated: 21 January 2022; Ref: scu.670634
Market Rent (Assured Shorthold Tenancy)
[2019] UKFTT RP – AM – 22UG –
Bailii
England and Wales
Housing
Updated: 21 January 2022; Ref: scu.644497
Local housing authority designation of ‘selective licensing area’ for private sector properties
Underhill, King LJJ, Hildyard J
[2018] EWCA Civ 242, [2018] LLR 239, [2018] 1 WLR 4518, [2018] WLR(D) 115
Bailii, WLRD
Housing Act 2004 90(1)(5)(a)
England and Wales
Housing, Local Government
Updated: 20 January 2022; Ref: scu.605307
Challenge to arrangements made for the housing of asylum seekers.
[2016] EWHC 1781 (Admin)
Bailii
e Immigration and Asylum Act 1999
Immigration, Housing
Updated: 20 January 2022; Ref: scu.567396
[2016] ScotSC 25
Bailii
Tenancy Deposit Schemes (Scotland) Regulations 2011
Scotland, Housing
Updated: 20 January 2022; Ref: scu.567220
Arden, Black, King LJJ
[2016] EWCA Civ 709
Bailii
Housing Act 1996 204
England and Wales
Housing
Updated: 19 January 2022; Ref: scu.566850
Appeal against the order dismissing the appellants’ claims for judicial review and damages. The claim challenged the lawfulness of the accommodation and the level of financial support provided to a family by a local authority.
Moore-Bick VP CA, Sir Ernest Ryder, Senior President of Tribunals, Vos LJ
[2016] EWCA Civ 707
Bailii
England and Wales
Housing, Benefits, Local Government
Updated: 19 January 2022; Ref: scu.566848
Renewed application for permission to appeal against an order dismissing the applicant’s appeal against a review decision under the homelessness provisions of the 1996 Act
Richards LJ
[2015] EWCA Civ 1501
Bailii
Housing Act 1996
England and Wales
Housing
Updated: 19 January 2022; Ref: scu.566844
The claimant challenged the decision of the defendant local authority not to accept a further application from her as a homeless applicant
Amanda Yip QC
[2016] EWHC 1665 (Admin)
Bailii
Housing Act 1996
Housing
Updated: 19 January 2022; Ref: scu.566824
Appeals arising out of orders made in the County Court on appeals from orders (‘SPOs’) of district judges suspending previously made orders for immediate possession of dwelling houses where the police had discovered that cannabis was being cultivated.
[2016] EWCA Civ 704
Bailii
England and Wales
Housing
Updated: 19 January 2022; Ref: scu.566719
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate expectation cases, whether substantive or procedural, three practical questions arise. The first question is to what has the public authority, whether by practice or by promise, committed itself; the second is whether the authority has acted or proposes to act unlawfully in relation to its commitment; the third is what the Court should do.’ The authority was to be obliged to honour that legitimate expectation to the extent of including it properly among the matters it considered when looking at their applications, and allocating to them housing. That obligation existed even if the authority had not been able to show that the claimants had not done anything to their detriment in relying upon the promise. Nevertheless, it did not create an obligation simply to fulfill the promise. Detrimental reliance does not necessarily ‘render it unfair to thwart a legitimate expectation.’ The court granted a declaration ‘that the local authority is under a duty to consider the applicants’ applications for suitable housing on the basis that they have a legitimate expectation that they will be provided by the authority with suitable accommodation on a secure tenancy.’
Schiemann LJ
Times 10-May-2001, Gazette 07-Jun-2001, [2001] EWCA Civ 607, [2002] 1 WLR 237
Bailii
Housing Act 1996
England and Wales
Citing:
Appealed to – Regina v London Borough of Newham ex parte Bibi, Regina v London Borough of Newham ex parte Al-Nashed Admn 18-Jan-1996
. .
Cited by:
Cited – Kariharan and Others v Secretary of State for the Home Department Admn 5-Dec-2001
The claimants had applied for asylum, being Tamils from Sri Lanka. The applications had been rejected, and they sought to challenge the decisions to return them as a breach of their human rights. The new Act and transitional provisions created a new . .
Cited – Regina (on the Application on Denis James Galligan) v the Chancellor Masters and Scholars of the University of Oxford Admn 22-Nov-2001
The applicant was director of the institute for socio-legal studies in Oxford. He made a decision to exclude a lecturer, and now challenged a decision by the University to set up an external enquiry into his decision, after an earlier decision to . .
Appeal from – Regina v London Borough of Newham ex parte Bibi, Regina v London Borough of Newham ex parte Al-Nashed Admn 18-Jan-1996
. .
Cited – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Cited – Rashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council Admn 21-Sep-2006
The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Cited – Regina (Ashbrook) v East Sussex County Council CA 20-Nov-2002
The claimant complained that the respondent had failed properly to secure removal of an admitted obstruction to a public footpath. The landowner had applied for a diversion of the footpath, which the respondent recommended for adoption, but the . .
Cited – Grimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council Admn 12-Aug-2010
The applicant had applied to the respondent for funding for new buildings. The application was approved, but the application was rejected when the respondent ran out of funds. The claimant said that a legitimate expectation had been created, and . .
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 . .
Lists of cited by and citing cases may be incomplete.
Administrative, Housing
Updated: 19 January 2022; Ref: scu.147518
Mummery, Etherton, Sullivan LJJ
[2010] EWCA Civ 1558, [2011] HLR 9, [2011] HLR 9
Bailii
England and Wales
Housing
Updated: 18 January 2022; Ref: scu.440322
[1986] 30 HLR 1
England and Wales
Cited by:
Cited – Paddington Churches Housing Association Ltd v Sharif CA 27-Jan-1997
The landlord had obtained a possession order against its secure tenant. The tenant had left to go to Egypt, and had been in arrears of rent. The tenancy obliged the tenant to occupy the prperty as his main residence. The landlord re-let the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 18 January 2022; Ref: scu.239721
A tenant with a bad payment record may still be subject to an order for possession though he clears the arrears by the time of the hearing. When considering reasonableness, it is the duty of the judge to take into account all relevant circumstances as they exist at the date of the hearing in a ‘broad, common-sense way as a man of the world . . giving . . weight as he thinks fit to the various factors in the situation.’
Waite J
[1991] 2 EGLR 252, (1991) 23 HLR 557
England and Wales
Cited by:
Cited – Paddington Churches Housing Association Ltd v Sharif CA 27-Jan-1997
The landlord had obtained a possession order against its secure tenant. The tenant had left to go to Egypt, and had been in arrears of rent. The tenancy obliged the tenant to occupy the prperty as his main residence. The landlord re-let the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 18 January 2022; Ref: scu.239722
Gloster LJ
[2015] EWCA Civ 1604
Bailii
Housing Act 1996
England and Wales
Housing
Updated: 17 January 2022; Ref: scu.565666
Kitchin LJ
[2015] EWCA Civ 1519
Bailii
Housing Act 1996
England and Wales
Housing
Updated: 17 January 2022; Ref: scu.565654
Claim for judicial review brought against the defendant, the London Borough of Waltham Forest alleging that, having concluded that the claimant was not a ‘priority need’, it failed to perform its duty under Part VII of the Housing Act 1996, in particular to provide appropriate advice and assistance (s.192(2)) and accommodation in the exercise of its discretion (s.192(3)).
A Grubb DHCJ
[2016] EWHC 1240 (Admin)
Bailii
Housing Act 1996 192
Housing
Updated: 17 January 2022; Ref: scu.564908
The Claimant (C) seeks permanent accommodation from a housing authority. He has exacting demands and wants to live a hermit-like existence.
Cheema-Grubb J
[2016] EWHC 1245 (Admin)
Bailii
Housing
Updated: 17 January 2022; Ref: scu.564804
Reference for a preliminary ruling – Freedom of establishment – Directive 2006/123/EC – Scope – Repeated letting of furnished accommodation for residential use for short periods to a transient clientele which does not take up residence there – National legislation and municipal rules making that letting subject to prior authorisation and offsetting – Justification – Objective of ensuring sufficient and affordable long-term rental housing – Proportionality
[2020] EUECJ C-724/18_O, ECLI:EU:C:2020:251
Bailii
European
Citing:
See Also – Cali Apartments v Attorney General at the Paris Court of Appeal ECJ 15-Oct-2019
(Order) Hearing of witnesses . .
Lists of cited by and citing cases may be incomplete.
Housing, Planning
Updated: 17 January 2022; Ref: scu.655025
Mathew Gullick,
(Sitting as a Deputy Judge of the High Court)
[2020] EWHC 3100 (Admin)
Bailii
Housing Act 1996 204
England and Wales
Housing
Updated: 17 January 2022; Ref: scu.656308
The tenant had given notice to the landlord’s agent that a sash-cord in the only window of a bedroom had broken. No repair was effected and about two months later the second sash-cord broke injuring the tenant. The House was asked whether there was a breach by the landlords of the implied undertaking in the Act, that the house would be kept by the landlord during the tenancy in all respects fit for human habitation.
Held: Lord Atkin said: ‘In the present case the point on which the Court of Appeal in Morgans case decided for the defendant does not arise, namely, that notice of the lack of repair complained of must be given to the landlord before his statutory obligation arises. I can see that different considerations may arise in the case of an obligation to repair imposed in the public interest, and I think that this question must be left open, and I reserve to myself the right to reconsider my former decision if the necessity arises.’
Lord Atkin, Lord Thankerton, Lord Russell of Killowen, Lord Wright, Lord Romer
[1943] AC 283
Housing Act 1936 2(1)
England and Wales
Cited by:
Cited – Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney CA 19-Nov-1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .
Cited – O’Brien v Robinson HL 19-Feb-1973
The plaintiffs sought damages after being injured when the ceiling of their bedroom fell on them. They were tenants of the defendants.
Held: The 1961 Act implied a duty on L to keep in repair the structure. What was meant by ‘keep in repair.’ . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Updated: 16 January 2022; Ref: scu.221532
The applicant alleged that her rights to respect for her home and to peaceful enjoyment of her possessions had been violated on account of the termination of her specially protected tenancy.
Held: Ratione temporis, the court had had no jurisdiction to hear the case in cases where a decision given by the domestic courts after the Convention’s entry into force related to events occurring before that date.
[2006] ECHR 207, 59532/00, (2006) 43 EHRR 48, 20 BHRC 1
Worldlii, Bailii
European Conmvention on Human Rights 8
Human Rights
Citing:
See Also – Blecic v Croatia ECHR 29-Jul-2004
The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six . .
Cited by:
Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
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 – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Housing
Updated: 16 January 2022; Ref: scu.426923
Challenge to refusal to transfer tenancy after privatisation of landlord’s estate.
William Davis J
[2016] EWHC 737 (Admin)
Bailii
Housing
Updated: 13 January 2022; Ref: scu.562134
Appeal against dismissal of the appeal the claimant from a decision of the Borough that its duty under the 1996 Act to secure that accommodation was available for him and his family had ceased by virtue of section 193(5) of the Act.
Carnwath, Rimer, Munby LJJ
[2010] EWCA Civ 1278, [2011] HLR 11
Bailii
Housing Act 1996 193(5)
England and Wales
Housing
Updated: 13 January 2022; Ref: scu.426857
The claimant appealed against rejection of his application for a grant in respect of works in his home for safety purposes. His son suffered a personality disorder resulting in aggressive behaviour. He sought a grant for the cost of creating separate bedrooms for the protection of the sibling.
Held: The grants are mandatory, but could not be used to provide for the safety not of the person suffering disability, but of another member of the family. The authority had correctly considered the issues before it, and it had accepted that a separate bedroom would be of benefit to the disturbed son’s own behavioural problems, but that did not go to his own safety.
Stanley Burnton, J
[2003] EWHC 1832 (Admin), Times 11-Sep-2003, Gazette 26-Feb-2004
Bailii
Housing Grants, Construction and Regeneration Act 1996 23
Benefits, Housing
Updated: 13 January 2022; Ref: scu.184842
Local authorities have a legal duty to provide accommodation which was suitable for homeless applicants, and suitability included affordability.
Geraldine Andrews QC HHJ
[2009] EWHC 608 (Admin)
Bailii
Housing Act 1996 193
England and Wales
Cited by:
Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 13 January 2022; Ref: scu.561825
The claimant had been a shorthold tenant. The landlord had failed to secure the deposit as required, but offered to repay it after the determination of the tenancy. The claimant now appealed against a refusal of an award of three times the deposit.
Held: The appeal failed. Sharp J said: ‘section 214(4) is mandatory in that once a finding has been made that a deposit has not been secured in accordance with the Act, or that the prescribed information has not been provided (and in either case, the relevant date for that determination is the date of the hearing of the section 214(4) application, as Tiensia has decided) there is no discretion to refuse to make an order for the payment of three times the deposit sum under section 214(4).’
However, though at the time in question, the parties were no longer as such landlord and tenant, other parts of the Act continued that description after the tenancy ended, and ‘ . . a party’s position as ‘the landlord’ or ‘the tenant’ for the purposes of these provisions crystallises when a deposit is paid in connection with shorthold tenancy. Thereafter, ‘the landlord’ (i.e. the person receiving the deposit paid in connection with a shorthold tenancy) continues to be ‘the landlord’ for the purposes of the statute whether the tenancy has been determined or not and remains under a continuing obligation to comply with the initial requirements of the scheme and to provide the prescribed information. Moreover, it remains the case that the landlord will still be subject to sanction if he has not complied with the initial requirements of the scheme or provided the prescribed information by the time of hearing of the section 214(4) application (following Tiensia). I recognise this has the considerable disadvantage that the landlord might then not protect the deposit during the tenancy itself as I have indicated; but at least then he can be pursued thereafter by ‘the tenant’ and subject to sanction in the event he is unable . . to protect the deposit appropriately before the hearing.’
and ‘It therefore follows that subject to the second ground of appeal, the judge’s decision should be upheld on the ground that the Respondents had until the date of the hearing of the Appellant’s section 214(4) application to comply with the provisions of section 213(3); and having secured the deposit before the hearing, albeit after the determination of the tenancy, they had a complete defence to the section 214(4) claim.’
Sharp J
[2011] EWHC 1144 (QB), [2010] 3 All ER 411
Bailii
The Housing (Tenancy Deposits) (Prescribed Information) Order 2007, Housing Act 2004 213 214
England and Wales
Citing:
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – Draycott and Another v Hannells Letting Ltd (T/A Hannells Letting Agents) QBD 12-Feb-2010
The landlord’s agent did not place the tenant’s deposit with an authorised scheme or provide the appropriate notice within the 14 days required by the 2004 Act. T sought a penalty after it had been deposited. L said that the deposit penalty could no . .
Cited – Tiensia v Vision Enterprises Ltd (T/A Universal Estates) CA 11-Nov-2010
The court was asked whether, where a landlord had failed to comply with the requirement to place a deposit received with a tenancy deposit scheme within fourteen days, the tenant was entitled to the penalties imposed by the Act despite later . .
Cited by:
Approved – Suurpere v Nice and Another QBD 27-Jul-2011
The tenant appealed against refusal of her claim for damages under sections 213 and 214 of the 2004 Act, saying that the notice as to the protection of her deposit had been inadequate on the grant of an Assured Shorthold Tenancy to her.
Held: . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Updated: 12 January 2022; Ref: scu.434900
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, who had previously been a senior public health inspector. He had inspected the premises and concluded that the premises were injurious to health. A serving environmental health officer for the local authority was also called. He stated that in his view the premises were close to being uninhabitable. He agreed that they were likely to be injurious to health. It was argued that medical evidence must be given only by somebody with medical qualifications.
Held: Environmental health officers had appropriate qualifications and experience to give this sort of evidence. This was not a field in which magistrates were free to use their own experience to substitute evidence of such eperts.
Donaldson LJ, Hodgson J
[1980] 5 HLR 78
Public Health Act 1936
England and Wales
Cited by:
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 . .
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.
Housing
Updated: 12 January 2022; Ref: scu.185100
It is not uncommon, after a decision has been reached that an applicant for housing under Part III of the Act became intentionally homeless, for a request to be made to reconsider the decision in the light of additional material or argument. Such a request is not the equivalent of a reapplication and does not cast on the housing authority the duties imposed when an application under Part III is made. It is otherwise if there has meanwhile been a material change of circumstances. The housing authority has, however, a discretion to accede to the request. A decision not to reconsider the original decision is clearly reviewable on ordinary Wednesbury principles. No more stringent criteria can apply. It may well therefore be that a challenge to a decision not to reconsider will infrequently succeed. Each case will of course fall to be considered on its own facts.
McCullough J
(1991) 24 HLR 611
Housing Act 1986
England and Wales
Cited by:
Cited – C v London Borough of Lewisham CA 4-Jul-2003
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become . .
Cited – 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: 12 January 2022; Ref: scu.184316
Floyd LJ
[2015] EWCA Civ 1448
Bailii
Housing Act 1996
England and Wales
Housing
Updated: 10 January 2022; Ref: scu.560434
Collins J
[2016] EWHC 332 (Admin)
Bailii
England and Wales
Housing
Updated: 10 January 2022; Ref: scu.560268
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders
[2019] UKFTT RP – LON – 00BG –
Bailii
England and Wales
Housing
Updated: 10 January 2022; Ref: scu.647975
‘Each of the Claimants made an application to the Council for housing as a homeless person. They each claim that the manner in which the Council dealt with his or her application was unlawful; and, further, that that manner reflected systemic failings. They say that the Council, advertently or inadvertently, both in their own specific cases and generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.’
Hickinbottom J
[2016] EWHC 173 (Admin)
Bailii
England and Wales
Housing, Local Government
Updated: 10 January 2022; Ref: scu.559672
renewed application for permission to appeal – possession order against tenant
[2015] EWCA Civ 962
Bailii
England and Wales
Housing
Updated: 09 January 2022; Ref: scu.558025
Inlis J
[2009] EWHC 2766 (Admin)
Bailii
England and Wales
Children, Housing
Updated: 08 January 2022; Ref: scu.377891
The case concerned restrictions on the rent that a property owner could charge. The restrictions were applied to existing leases. It was said that the restrictions brought into play the second paragraph of Article 1 of the First Protocol to the Convention.
Held: The second paragraph reserves to States the right to enact such laws as they deem necessary to control the use of property in accordance with the general interest. Such laws are especially called for and usual in the field of housing, which in our modern societies is a central concern of social and economic policies. The possible existence of alternative solutions does not in itself render the contested legislation unjustified. In order to implement such policies, the legislature must have a wide margin of appreciation both with regard to the existence of a problem of public concern warranting measures of control and as to the choice of the detailed rules for the implementation of such measures. The Court will respect the legislature’s judgement as to what is in the general interest unless that judgement be manifestly without reasonable foundation.
In remedial social legislation, and in particular in the field of rent control, it must be open to the legislature to take measures affecting the further execution of previously concluded contracts in order to attain the aim of the policy adopted.
ECHR Judgment (Merits) – No violation of P1-1; Not necessary to examine Art. 14+P1-1.
R Ryssdal, President
10522/83, [1993] ECR I-637, 11011/84, (1989) 12 EHRR 391, [1989] ECHR 25, 11070/84
Worldlii, Bailii
European Convention on Human Rights
Human Rights
Cited by:
Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 18-Jun-2003
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums.
Held: The appeal . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
Cited – Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another CA 15-Dec-2004
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. . .
Cited – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
Cited – Murungaru v Secretary of State for the Home Department and others CA 12-Sep-2008
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
Cited – Mott, Regina (on The Application of) v Environment Agency SC 14-Feb-2018
The Court considered the legality under the European Convention on Human Rights of licensing conditions imposed by the Environment Agency restricting certain forms of salmon-fishing in the Severn Estuary. The claimant operated a licensed putcher . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Housing
Updated: 08 January 2022; Ref: scu.165059