Wear Valley District Council v Robson: CA 14 Nov 2008

Appeal against a decision finding that the appellant was in contempt of an Anti-social Behaviour Injunction Order made in the Bishop Auckland County Court on 7 October 2008 and committed the appellant to prison for six months.

[2008] EWCA Civ 1470, [2009] HLR 27
Bailii
England and Wales

Housing, Contempt of Court

Updated: 30 November 2021; Ref: scu.279989

Solihull Metropolitan Borough Council v Khan: CA 28 Jan 2014

The court was asked as to the obligations of a local housing authority under section 193 of the 1996 Act 1996 when deciding whether its duty to secure accommodation is available for occupation by a homeless person has been discharged because the homeless person has refused a final offer of accommodation by the authority.

Rafferty, Beatson LJJ, Sir Robin Jacob
[2014] EWCA Civ 41
Bailii
Housing Act 1996 193
England and Wales

Housing

Updated: 29 November 2021; Ref: scu.520772

Regina v Bloomsbury and Marylebone County Court, ex parte Blackburne: CA 1985

A consent order provided for a substantial payment to the tenant, who was claiming damages for failure to maintain the premises in good repair. The landlord now sought possession.
Held: There was no implied admission that the landlord was entitled to possession under the section.
Sir John Donaldson MR: ‘The question which then arises is whether the learned county court judge could have been satisfied that the requirements of section 98(1) were met. There was no express admission to this effect. The appellants, however, submit that such an admission was implicit in the consent to judgment. Mr Bartlett, on their behalf, submits that this consent is explicable only on the basis that Mr Blackburne recognised that (a) he was unable to claim the protection of the 1977 Act because he had never been or had ceased to be a statutory tenant, or (b) although he was a statutory tenant, he fell within case 1 of Schedule 15 and it was reasonable to make an order for possession. I disagree. There is a third possibility, namely (c) Mr B, although a statutory tenant whose arrears in rent, if any, were distinguished by his counterclaim, nevertheless thought the sum offered by the landlords was so attractive that he should surrender his rights or at least thought that any doubt which he had upon the score should be resolved by a compromise involving his acceptance of a large lump sum. Inference (c) would not have entitled the learned judge to make the order.’

Sir John Donaldson MR, Staughton LJ
[1985] 2 EGLR 157
Rent Act 1987 98(1)
England and Wales

Housing

Updated: 29 November 2021; Ref: scu.246047

Birmingham City Council v Balog: CA 12 Dec 2013

The Council appealed against a decision allowing the appeal of the respondent under the 1996 Act against its review decision which had upheld its original decision that Mr Balog was intentionally homeless within the meaning of s.191 of the 1996 Act.

Sullivan, Kitchin, Briggs LJJ
[2013] EWCA Civ 1582
Bailii
Housing Act 1996 191 204
England and Wales

Housing

Updated: 26 November 2021; Ref: scu.518933

Leicester City Council v Shearer: CA 19 Nov 2013

Appeal by the Council against the dismissal of its claim for possession of a house in Leicester. The issues in this appeal are (i) whether the Council acted unlawfully in deciding to evict the widow of the former tenant and her two children without first considering the option of granting a fresh tenancy to the widow; (ii) whether the Council can rely upon procedural omissions by the widow in circumstances where the Council had misled her about what the procedure could achieve.

Jackson, Floyd LJJ, Sir David Keene
[2013] EWCA Civ 1467
Bailii
Housing Act 1996
England and Wales

Housing

Updated: 26 November 2021; Ref: scu.518036

Regina v Hillingdon London Borough Council ex parte Streeting: CA 1980

The court duscussed the extent of the housing duty of an authority toward a person ‘not lawfully here’.
Held: Outstayers should not be qualified for assistance.

Dunn LJ, Lord Denning MR
[1980] 1 WLR 1425
England and Wales
Cited by:
CitedLondon Borough of Barnet v Ismail and Another CA 6-Apr-2006
The court considered the entitlement to housing support of nationals of other EEA states receiving Income Support here despite their being still subject to immigration control.
Held: Such EEA nationals were eligible for housing benefit. The . .

Lists of cited by and citing cases may be incomplete.

Housing, Immigration

Updated: 25 November 2021; Ref: scu.241308

Zrilic v Croatia: ECHR 3 Oct 2013

46726/11 – Chamber Judgment, [2013] ECHR 921
Bailii
European Convention on Human Rights
Human Rights
Cited by:
CitedMcDonald v McDonald and Others SC 15-Jun-2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Updated: 21 November 2021; Ref: scu.516423

Bono, Regina (on the Application of) v Harlow District Council: Admn 15 Mar 2002

The applicants were self-employed market traders. Their income was low, but they were unable to produce accounts by way of proof. The local authority declined their application for housing benefit in the absence of such proof. They complained that presence of local councillors on the committee which made the decision, made that not an independent body, and that since the issue was one of primary fact, judicial review would not be available. The authority argued that since they were following a statutory duty, their own acts fell within the defence under 6(2)(b).
Held: The duty under the 1998 Act was to read statutes, where possible, in such a way as to make that provision compliant. Section 6(2)(b) only provided protection where such interpretation was not available to them.

Mr Justice Richards
Times 23-Apr-2002, [2002] EWHC 423 (Admin)
Bailii
Human Rights Act 19986(2)(b) 8, Housing Benefit (General) Regulations 1971 (1971 No 1987)
England and Wales

Housing, Human Rights, Benefits

Updated: 20 November 2021; Ref: scu.168735

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 needs for additional bedrooms not allowed for by the Regulations.
Held: The request for judicial review failed.

Laws LJ, Cranston J
[2013] EWHC 2213 (QB), [2013] WLR(D) 325, [2013] PTSR 1521
Bailii, WLRD
Housing Benefit Regulations 2006, Housing Benefit (Amendment) Regulations 2012, European Convention on Human Rights 14
England and Wales
Citing:
CitedAM (Somalia) v Entry Clearance Officer CA 1-Jul-2009
The appellant had married in Somalia. His wife lived in London and sought permission for him to enter, she acting as his sponsor. The Immigration judge had found that they met all the criteria save one, that they would be able to support themselves . .
CitedRJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
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 . .
CitedThlimmenos v Greece ECHR 6-Apr-2000
(Grand Chamber) The application of a rule that a felon could not become a chartered accountant infringed the rights under article 14, taken in conjunction with article 9, of a pacifist convicted of the felony of refusing to perform military service. . .

Cited by:
Appeal fromMA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions CA 21-Feb-2014
The claimants were in recipet of housing benefit. They claimed that the new benefits cap (‘bedroom tax’) discriminated against them when additional space was need for the care of family members with disabilities . .
At first instanceMA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions SC 9-Nov-2016
The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived . .

Lists of cited by and citing cases may be incomplete.

Benefits, Housing, Human Rights

Updated: 17 November 2021; Ref: scu.513775

Kenny and Others v Abubaker and Others: CA 23 Oct 2012

The defendant landlord sought to appeal against an order that he pay to the respondent tenants a penalty under the 2004 Act of three times the tenancy deposit. The court was now asked whether there was has any right to have set aside a judgment reached on the merits, but in his absence.
Held: Such situations are always fact senstitive, but here: ‘the respondents, who were flat-sharing, paid a very substantial amount by way of rent deposit in respect of a property which they occupied for only some five months, and they have still not received any repayment of that money. By the time the claim was adjudicated . . the respondents had already waited some 14 months for the recovery of what to them was no doubt a substantial amount.’ It was quite impossible to say that the judge had erred.

Hallett, Etherton LJJ, Dame Janet Smith
[2012] EWCA Civ 1962
Bailii
Housing Act 2004 214(4), Civil Procedure Rules 27.11(3)(a)
England and Wales
Citing:
CitedShocked and Another v Goldschmidt and Another CA 4-Nov-1994
A party’s failure to appear at the trial implied that he had made certain choices which he was not to be allowed to go back on when seeking to set aside any judgment made. . .
CitedBrazil v Brazil CA 31-Jul-2002
The defendant appealed against an order for rectification of the registered title to land he occupied, and for which he had had a possessory title. The order had been made in his absence.
Held: A ‘good reason’ for non attendance at a hearing . .
CitedEstate Acquisition and Development Ltd v Wiltshire and Another CA 4-May-2006
The defendants appealed a decision that they had no sufficient reason for not attending court on the day of the trial.
Held: The fact that the defendants had a continuing commercial relationship with the claimants was not enough to justify an . .
CitedBank of Scotland v Pereira and Others CA 9-Mar-2011
The mortgagor sought to appeal against a mortgagee’s possession order. The Court of Appeal considered the interaction between an application under CPR rule 39.3 to set aside a default judgment and an application for permission to appeal under CPR Pt . .
CitedGladehurst Properties Ltd v Hashemi and Another CA 19-May-2011
Gladehurst had let the property to the two tenants under an assured shorthold tenancy. They paid a deposit, which it retained and never paid into the deposit scheme. The tenancy came to an end when the tenants vacated the property, after which . .

Lists of cited by and citing cases may be incomplete.

Housing, Civil Procedure Rules

Updated: 17 November 2021; Ref: scu.513715

Johnson v Solihull: CA 6 Jun 2013

Arden, Jackson McCombe LJJ
[2013] EWCA Civ 752
Bailii
Housing Act 1996
England and Wales
Citing:
CitedRegina 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 FromHotak 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.

Housing, Discrimination

Updated: 17 November 2021; Ref: scu.513682

Imam, Regina (on The Application of) v The London Borough of Croydon: Admn 26 Mar 2021

Conditions for Anonymity Orders

The claimant sought judicial review of the Defendant’s failure to provide suitable accommodation under its duty under section 193(2) of the 1996 Act. The Defendant admitted breach of its statutory duty because the accommodation that it was providing was not suitable. The parties now disputed the relief: she contended that a mandatory order should be made requiring the Defendant to provide suitable accommodation to her. The Claimant also raised other challenges, including alleged breaches of the Equality Act and an allegation of unlawfully failing to determine the Claimant’s request to be given Band 1 priority under the Defendant’s housing allocation scheme.
The reasonable adjustments duty involves disciplined sequence of steps, a ‘stepped approach’.

Deputy Judge Mathew Gullick QC
[2021] EWHC 739 (Admin)
Bailii
Housing Act 1996 193(2), Equality Act 2010
England and Wales
Citing:
See AlsoImam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request) Admn 26-Mar-2021
Anonymity Not Necessary under CPR 3.92.
Judgment on the Claimant’s application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her . .

Cited by:
See AlsoImam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request) Admn 26-Mar-2021
Anonymity Not Necessary under CPR 3.92.
Judgment on the Claimant’s application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her . .
CitedRowley, Regina (on The Application of) v Minister for The Cabinet Office Admn 28-Jul-2021
Failure to Provide Signers was Discriminatory
The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the . .
CitedMoney v AB ChD 10-Nov-2021
Anonymity – balance in favour of open justice
Ruling on an application by the Defendant for anonymity.
Held: Refused: ‘The mental health condition of the Defendant and the impact of the judgment on his family relationships are, therefore, relevant factors to take into account, but they do . .

Lists of cited by and citing cases may be incomplete.

Housing, Discrimination, Litigation Practice

Updated: 17 November 2021; Ref: scu.660061

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

The claimant had applied for housing as a homeless person and was found temporary accomodation pending the respondent’s decision. When eventually the decision went against the claimant, the claimant argued that the authority was obliged to recover the licensed accomodation through court proceedings.
Held: The appeal failed.

Moses, Kitchin, Floyd LJJ
[2013] EWCA Civ 805, [2014] 2 WLR 719, [2015] AC 1259
Bailii
Protection from Eviction Act 1977 3(2B), Human Rights Act 1998, Housing Act 1996, Housing Act 1988
England and Wales
Cited by:
Appeal fromZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 15 November 2021; Ref: scu.512317

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

The claimants had applied for housing as homeless. They were given accommodation pending the authority’s final decisions. Those decisions were thet the claimants were homeless intentionally. The authoity’s set out to recover possession. The claimants said that under the 1977 Act, the authority was obliged first to obtain a court order.
Held: The request for judicial review failed. The authority was not obliged first to take court proceedings before evicting the claimant. The appellants’ accommodation by virtue of a licence granted under its interim duty under sections 188(1) or 190(2)(a) of the Act 1996 Act.

Moses, Kitchin, Floyd LJJ
[2013] EWCA Civ 804, [2013] WLR(D) 297, [2013] HLR 46, [2013] 30 EG 79
Bailii, WLRD
Protection from Eviction Act 1977 3(2B), Housing Act 1988, Housing Act 1996, Human Rights Act 1998
England and Wales
Cited by:
Appeal fromZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 15 November 2021; Ref: scu.512313

Superstrike Ltd v Rodrigues: CA 14 Jun 2013

The Defendant took an assured shorthold tenancy of premises from the Claimant for a fixed term of one year less one day, paying a deposit of a month’s rent under the terms of the tenancy agreement at that time. At the expiry of the fixed term, by the effect of section 5 of the 1988 Act, he held under a statutory periodic tenancy on the equivalent terms. The Claimant served a notice under section 21 of the 1988 Act requiring possession. The issue was whether it was entitled to do so, notwithstanding that the deposit, which remained outstanding, had not been protected by being dealt with in accordance with a scheme authorised under the 2004 Act.
Held: Where a deposit had been paid under a fixed term assured shorthold tenancy beginning before, but expiring aftersection 213 of the 2004 Act came into effect, the landlord had become obliged to secure the deposit under an authorised scheme within 14 days as the statutory periodic tenancies began; and section 215(1) of the 2004 Act, provided that a failure to do so left the landlord incapable of serving a valid notice under section 21 of the 1988 Act: ‘once the fixed term tenancy had expired, the tenant remaining in possession, the landlord had to make arrangements for the deposit to be held in accordance with an authorised scheme if he wished to be in a position to serve a section 21 notice. That is the policy of the 2004 Act and I do not find persuasive Mr Bhose’s argument that the requirement should not be imposed in these circumstances, or that it should be seen as unnecessary or pointless. I am willing to accept that the need to comply may not have been foreseen. Unfortunately, several points under this legislation turned out not to be as may have been expected or intended. The imposition of this requirement in these circumstances does not seem to me in any way anomalous, futile or pointless. To the contrary, it is entirely consistent with the policy and aim of the relevant provisions. ‘

Lloyd, Lewison, Gloster LJJ
[2013] EWCA Civ 669, [2013] HLR 42, [2013] 2 EGLR 91, [2013] L andTR 33, [2013] WLR(D) 235, [2013] 1 WLR 3848
Bailii, WLRD
Housing Act 2004 213, Housing Act 1988 5 21
England and Wales
Citing:
CitedElmdene Ltd v White HL 1-Feb-1960
The landlord’s appeal failed. A payment can include a payment in kind. . .
CitedWhite v Elmdene Estates Ltd CA 1960
The relative legislation prohibited the requirement of ‘payment of any premium’ on the grant, renewal or continuance of any tenancy. Mr and Mrs White owned and lived in a house, but it was subject to a mortgage which was in arrears, and they decided . .
CitedN and D (London) Ltd v Gadson 1991
What happens at the end of the fixed period tenancy is the creation of a new and distinct statutory tenancy, rather than, for example, the continuation of the tenant’s previous status. . .
CitedTiensia 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 . .
CitedGladehurst Properties Ltd v Hashemi and Another CA 19-May-2011
Gladehurst had let the property to the two tenants under an assured shorthold tenancy. They paid a deposit, which it retained and never paid into the deposit scheme. The tenancy came to an end when the tenants vacated the property, after which . .
CitedHanoman v London Borough of Southwark HL 10-Jun-2009
The claimant sought a discount on the purchase of his flat from the appellant. The discount was to be increased because of the authority’s delay in responding to his application. The respondent now appealed against a finding that it must repay the . .

Lists of cited by and citing cases may be incomplete.

Housing

Updated: 14 November 2021; Ref: scu.510867

NB and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 3 Jun 2021

Housing Review Standard – EU rules still applied

The claimants challenged their housing as asylum seekers and victims of torture in former army barracks, saying that they were substandard. The Court was asked as to the correct method of review of adequacy after leaving the EU.
Held: The claim succeeded.

Linden J
[2021] EWHC 1489 (Admin), [2021] WLR(D) 320, [2021] 4 WLR 92, [2021] 4 WLR 92
Bailii, Judiciary, WLRD
Immigration and Asylum Act 1999 95
England and Wales

Immigration, Housing, Human Rights, European

Updated: 12 November 2021; Ref: scu.663219

Rochdale Borough Council v Dixon: CA 20 Oct 2011

The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply with the regulations, in that the notice failed to set out the consequences of the variation.
Held: The notice achieved substantial compliance. There was no hard edged list of effects, and a general understanding of the consequences of the alteration had been demonstrated in the tenants. The alteration was effective and not unfair, and the appeal failed.

Rix, Rimer, Elias LJJ
[2011] EWCA Civ 1173, [2011] 43 EG 105, [2012] PTSR 1336, [2012] HLR 6, [2011] 43 EG 105 (CS)
Bailii
Housing Act 1985 84 102 103, Local Authorities (Goods and Services) Act 1970 1, Water Consolidation (Consequential Provisions) Act 1991, Unfair Terms in Consumer Contracts Regulations 1999 5 6
England and Wales
Citing:
CitedLambeth London Borough Council v Thomas CA 31-Mar-1997
There had been an agreement between Lambeth and Thames Water when Thames Water was still a public water authority and when Lambeth collected water rates properly so called from its tenants on behalf of the water authority. No evidence of it in . .
ApprovedS, Regina (on the Application of) v A Social Security Commissioner and Others Admn 3-Sep-2009
The Claimant sought judicial review of a decision of the Defendant Social Security Commissioner refusing the Claimant (and six other appellants) permission to appeal against a decision of a Social Security Appeal Tribunal relating to their housing . .
CitedAttorney-General v Crayford Urban District Council CA 1962
The local authority had entered into an arrangement with a company for the collective insurance of its tenants’ household goods and certain personal effects and fixtures and fittings of the tenants or for which they were responsible, and invited the . .
CitedAkumah v London Borough of Hackney HL 3-Mar-2005
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
CitedLondon and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
CitedRegina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
CitedDirector General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
CitedLondon Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .

Cited by:
CitedPlevin v Paragon Personal Finance Ltd SC 12-Nov-2014
PPI Sale – No Recovery from Remote Parties
The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. . .

Lists of cited by and citing cases may be incomplete.

Housing, Utilities

Updated: 12 November 2021; Ref: scu.445857

Bristol City Council v Hassan and Glastonbury: CA 23 May 2006

The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order.
Held: McPhail suggested that ‘whereas as against squatters owners of land who obtained an order for possession were entitled to enforce it immediately, in the case of a former tenant the courts had a power (but not a duty) to fix a date for possession, thereby postponing the effect of the order, although courts would not in practice postpone the effect of the order for a period longer than six weeks.’, but the Housing Act now applied. The judges had unduly fettered their own discretion in understanding that they had a duty to fix a date. The court suggested a form of order which would avoid the so called tolerated trespasser situation arising. The court could order a tenant to give up possession on a date to be fixed by the court on an application by the landlord, not to be made so long as the tenant paid the current rent and the regular periodic payments towards arrears, etc required by the order and to be determined (wherever possible) on the papers without a hearing.

Brooke LJ VP, Dyson LJ, Jacob LJ
[2006] 1 WLR 2582, [2006] EWCA Civ 656, Times 17-Jul-2006, Gazette 08-Jun-2006
Bailii
Housing Act 1985 85
England and Wales
Citing:
CitedMcPhail v Persons, Names Unknown CA 1973
The court was asked to make an order against persons unknown in order to recover land. Although an owner of land which was being occupied by squatters was entitled to take the remedy into his own hand, he was encouraged to go to a common law court . .
CitedAmerican Economic Laundry Ltd v Little CA 1950
An unconditional order for possession was made against a statutory tenant under the Rent Acts, and execution of the order was then suspended by the court from time to time pursuant to powers contained in s 5(2). The court distinguished between an . .
CitedLondon Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become . .
CitedSherrin v Brand CA 1956
The landlord had obtained a possession order against his secure tenant. The order was suspended, but the landlord then failed to enforce the order after the date and when the tenant had failed to comply with the terms of the suspension. The tenant . .
CitedThompson v Elmbridge Borough Council CA 1987
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order . .
CitedHarlow District Council v Hall CA 28-Feb-2006
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was . .
CitedMarshall v Bradford Metropolitan District Council CA 27-Apr-2001
There were three issues; (1) whether it was proper for the judge to have struck out disrepair proceedings when it could be seen that an application to discharge or rescind a suspended possession order would be likely to succeed (2) whether the . .
CitedManchester City Council v Finn CA 2002
The court was concerned with the ‘secure’ tenancy regime and the proper approach to the 1985 Act. The court took a ‘purposive approach’ in considering whether to allow the making of an amendment to a conditional possession order on the basis of new . .
CitedSheffield City Council v Hopkins CA 19-Jun-2001
A possession order was granted against a secure tenant by the court for arrears of rent. The tenant then applied to suspend the order, and the landlord opposed that application wishing to put before the court additional allegations.
Held: . .
CitedSt 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 by:
CitedWhite v Knowsley Housing Trust and Another CA 2-May-2007
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured . .
CitedJones v London Borough of Merton CA 16-Jun-2008
The court was asked ‘If a former secure tenant of a dwelling-house who has become a ‘tolerated trespasser’ in it decides to cease to occupy it, does his liability to pay mesne profits to his former landlord in respect of the dwelling-house cease . .
CitedKnowsley 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: . .
CitedAustin v Mayor and Burgesses of The London Borough of Southwark SC 23-Jun-2010
The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live . .

Lists of cited by and citing cases may be incomplete.

Housing

Leading Case

Updated: 12 November 2021; Ref: scu.242146

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member

The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living with the tenant as husband or wife.
Held: The claim to inherit as a spouse failed. However, the meaning of ‘member of a family’ could include a same sex partner who had been involved in an established monogamous relationship. Such a person could not be a ‘spouse’ within the meaning of the Act, but the family provision was more widely framed and allowed the court to take account of changes in society. Thus a same sex partner coud take a succession of a property from that partner on death on the basis of his being a member of the family. ‘The hall marks of the relationship were essentially that there should be a degree of mutual inter-dependence, of the sharing of lives, of caring and love, of commitment and support. In respect of legal relationships these are presumed, though evidently are not always present as the family law and criminal courts know only too well. In de facto relationships these are capable, if proved, of creating membership of the tenant’s family.’
Lord Nicholls of Birkenhead asked ‘can the expression ‘family’ legitimately be interpreted in 1999 as having a different and wider meaning than when it was first enacted in 1920?’. He answered Yes’: ‘ A statement must necessarily be interpreted having regard to the circumstances when it was enacted. It is a fair presumption that Parliament’s intention was directed to that state of affairs. When circumstances change, a court has to consider whether they fall within the parliamentary intention. They may do so if there can be detected a clear purpose in the legislation which can only be fulfilled if an extension is made. How liberally these principles may be applied must depend upon the nature of the enactment, and the strictness or otherwise of the words in which it was expressed.’
Lord Slynn of Hadley explained that when interpreting some statutes: ‘It is not an answer to the problem to assume . . that if in 1920 people had been asked whether one person was a member of another same-sex person’s family the answer would have been ‘No’. That is not the right question. The first question is what were the characteristics of a family in the 1920 Act and the second whether two same-sex partners can satisfy those characteristics so as today to fall within the word ‘family’. An alternative question is whether the word ‘family’ in the 1920 Act has to be updated so as to be capable of including persons who today would be regarded as being of each other’s family, whatever might have been said in 1920: see R v Ireland [1998] AC 147, 158, per Lord Steyn; Bennion, Statutory Interpretation, 3rd ed (1997), p 686 and Halsbury’s Laws of England, 4th ed reissue, vol 44(1) (1995), p 904, para 1473.’

Lord Slynn of Hadley, Lord Nicholls of Birkenhead, Lord Clyde, Lord Hutton, Lord Hobhouse of Wood-borough
Times 02-Nov-1999, Gazette 10-Nov-1999, [1999] 3 WLR 1113, [2001] 1 AC 27, [1999] UKHL 42, [1999] 4 All ER 705
House of Lords, Bailii
Rent Act 1977 Sch 1 para 3(1)
England and Wales
Citing:
Appeal fromFitzpatrick v Sterling Housing Association CA 23-Jul-1997
A homosexual partner of a deceased tenant was not a member of that tenant’s family so as to entitle him to inherit the Rent Act tenancy on the death of his partner. . .
CitedRoyal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
CitedIn Re Wakim 1999
(High Court of Australia) Changes in attitudes and perceptions may require a wider meaning to be given to a word such as ‘marriage’, at any rate in some contexts. . .
ApprovedHarrogate Borough Council v Simpson CA 1985
The claimant (defending proceedings for possession by the local authority) had lived with the deceased secure tenant in a lesbian relationship for some years and was so living at the date of her death. She sought to defend her occupation saying she . .
CitedRegina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
CitedCarega Properties SA (formerly Joram Developments Ltd) v Sharratt HL 1979
A widow aged 75 had developed a platonic relationship with a young man aged 24. He lived in her flat for nearly 20 years until she died. They treated themselves as aunt and nephew. The trial judge held that through their relationship this elderly . .
CitedRoss v Collins CA 1964
The defendant had acted as the original tenant’s housekeeper in return for which he remitted her rent. They had never addressed each other by their Christian names and there was no question of an intimate personal relationship. After his death she . .
CitedPrice 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 . .
CitedBrock 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 . .
CitedHawes v Evenden CA 1953
The claimant had lived with the deceased tenant for 12 years and had had two children with him. They had not married.
Held: There was evidence that the claimant and the tenant and the children had lived together as a family and she was . .
CitedChios Property Investment Ltd v Lopez 1987
When asked to consider whether a person cohabiting with a tenant before his death, and seeking a statutory tenancy after his death, the court stressed the importance of a ‘sufficient state of permanence and stability’ having been reached in the . .
CitedHelby v Rafferty CA 1979
The court declined to hold that a man who had lived with a woman tenant for five years before her death were part of the same family because they had deliberately opted to retain their formal independence and they had not been recognised as being . .
CitedWatson 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. . .
CitedGammans v Ekins CA 1950
The plaintiff had lived with a woman tenant for over 20 years and they had been regarded in the neighbourhood as man and wife.
Held: He could not thereby be deemed a member of her family for the Act of 1920. If their relationship was sexual . .
CitedJones v Whitehill CA 1950
The plaintiff, a woman, out of love and kindness, went to live with her aunt and uncle. On the uncle’s death, she claimed to be entitled to succeed to their tenancy.
Held: On the uncle’s death she was found to be a member of his family. The . .
CitedSalter v Lask 1925
A tenant’s husband came within the statute which provided for a surviving spouse to take over a tenancy on the death of the former tenant, even though a widower of the tenant was not expressly mentioned in the legislation, . .
CitedRegina v Ministry of Defence Ex Parte Smith and Others QBD 7-Jun-1995
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive . .
CitedBraschi v Stahl Associates Co 1989
(New York: Court of Appeals) The issue was as to the meaning of the New York City Rent and Eviction Regulations which provided that a landlord might not dispossess ‘either the surviving spouse of the deceased tenant or some other member of the . .
CitedLangdon v Horton 1951
First cousins, sharing a residence for purposes of convenience, were held not to qualify as a family so that one could inherit the tenancy on the death of the other. . .
CitedDyson 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 . .
CitedStewart v Mackay 1947
In relation to the phrase ‘the needs of the tenant and his family’ it was considered that domestic servants and even lodgers might fall within the description if they had a sufficient degree of permanence and the general relationship. . .
CitedCrake v Supplementary Benefits Commission; Butterworth v Supplementary Benefits Commission 1982
The claimants lived in the same house. The woman had severe injuries, and her male friend had at one time moved into the house to assist her care. She later moved to live with him, leaving her husband. There was no sexual relationship. The . .
CitedStandingford v Probert 1950
. .
CitedCampbell College, Belfast v Commissioner of Valuation for Northern Ireland HL 1964
The rule of contemporary exposition should be applied only in relation to very old statutes. . .
CitedSefton Holdings Ltd v Cairns 1987
When considering whether a stautory succession was to take place, the question is whether the person was a member of the family, not whether he was living as a member of the family. . .
CitedGrant v South West Trains Ltd ECJ 17-Feb-1998
A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court . .
CitedT Petitioner OHCS 20-Aug-1996
A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for . .
CitedIn Re W (A Minor) (Adoption: Homosexual Adopter) FD 21-May-1997
There is no rule of law against adoption of a child by a single person living within a homosexual relationship. The court must always look to the best interests of the child in question. The court recognised the couple as constituting a family: ‘The . .
CitedRees v The United Kingdom ECHR 17-Oct-1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate.
Held: The court accepted that, by failing to confer . .
CitedCossey v The United Kingdom ECHR 27-Sep-1990
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary . .
CitedS v United Kingdom ECHR 1986
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed . .
CitedRees v The United Kingdom ECHR 17-Oct-1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate.
Held: The court accepted that, by failing to confer . .
CitedX, Y and Z v The United Kingdom ECHR 22-Apr-1997
The court refused to find that the failure of United Kingdom law to recognise a female to male trans-sexual as the father of a donor insemination child, born to his partner and brought up as their child, was a breach of their rights to respect for . .
CitedCossey v The United Kingdom ECHR 27-Sep-1990
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary . .
CitedCarega 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 . .
CitedSalgueiro da Silva Mouta v Portugal ECHR 1-Dec-1998
A homosexual claimed that an award of custody of his daughter to her mother was an unjustified interference with his right to respect for family life, and also with his right to respect for his private life since he was required in respect of his . .
CitedRegina v Howe etc HL 19-Feb-1986
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed.
Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is . .

Cited by:
AppliedRegina (Quintavalle) v Secretary of State for Health CA 18-Jan-2002
A cloned cell, a cell produced by cell nuclear replacement came within the definition of embryo under the Act. The Act required that fertilisation was complete.
Held: The act could be applied in a purposive way. The legislative policy was that . .
DoubtedGhaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
Cited1 Pump Court Chambers v Horton EAT 2-Dec-2003
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act.
Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not . .
ReconsideredGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedRegina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
CitedNational Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
CitedVictor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
CitedWilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
CitedRaissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no . .
CitedBellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
CitedYemshaw v London Borough of Hounslow SC 26-Jan-2011
The appellant sought housing after leaving her home to escape domestic violence. The violence was short of physical violence, and the authority had denied a duty to rehouse her. She said that the term ‘domestic violence’ in the Act was not intended . .
DistinguishedSheffield 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 . .
CitedNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Discrimination, Family

Leading Case

Updated: 11 November 2021; Ref: scu.159026

Adam v London Borough of Waltham Forest: CA 3 Mar 2016

Renewed application for permission to appeal against an order dismissing an appeal against a review decision under the homelessness provisions of the Housing Act 1996. The relevant issue before the judge was whether the review officer for the local housing authority, the London Borough of Waltham Forest, had erred in finding that the applicant did not have a local connection with the district.

Sir Stephen Richards
[2016] EWCA Civ 248
Bailii
Housing Act 1996 199(1)
England and Wales

Housing

Updated: 11 November 2021; Ref: scu.561616

Southwark London Borough Council v Williams: CA 1971

No Defence of Homelessness to Squatters

The defendants, in dire need of housing accommodation entered empty houses owned by the plaintiff local authority as squatters. The court considered the defence of necessity.
Held: The proper use of abandoned council properties is best determined by political decision making processes. Squatters, in urgent need of accommodation, could not claim a defence of necessity because the peril they found themselves in was ‘an obstinate and longstanding state of affairs’, rather than an immediate or emergent threat. The court denied that if a starving beggar takes the law into his own hands and steals food he is not guilty of theft.
Lord Denning MR said: ‘If homelessness were once admitted as a defence to trespass, no one’s house could be safe. Necessity would open a door no man could shut. It would not only be those in extreme need who would enter. There would be others who would imagine they were in need or would invent a need, so as to gain entry. The plea would be an excuse for all sorts of wrongdoing. So the courts must refuse to admit the plea of necessity to the hungry and the homeless: and trust that their distress will be relieved by the charitable and good.’
Edmund Davies LJ said: ‘But when and how far is the plea of necessity available to one who is prima facie guilty of tort? Well, one thing emerges with clarity from the decisions and that is that the law regards with the deepest suspicion any remedies of self-help and permits those remedies to be resorted to only in very special circumstances. The reason for such circumspection is clear -necessity can very easily become simply a mask for anarchy.’

Lord Denning MR, Edmund-Davies LJ
[1971] 1Ch 734, [1971] 2 All ER 175, [1971] 2 WLR 467
England and Wales
Cited by:
CitedMonsanto Plc v Tilly and Others CA 30-Nov-1999
A group carried out direct action in protesting against GM crops by pulling up the plants. The group’s media liaison officer, while not actually pulling up plants himself, ‘reconnoitred the site the day before. He met the press at a prearranged . .
CitedIn Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
CitedWhite v Withers Llp and Dearle CA 27-Oct-2009
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the . .
CitedRegina v Burns, Paul CACD 27-Apr-2010
The defendant appealed against his conviction for assault. He had picked up a sex worker, driven away, but then changed his mind, and forcibly removed her from the car when she delayed. He now argued that he had the same right at common law to . .
CitedCity of London v Samede and Others QBD 18-Jan-2012
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Crime, Housing, Land

Leading Case

Updated: 11 November 2021; Ref: scu.183171

Conville v London Borough of Richmond-Upon-Thames: CA 8 Jun 2006

The applicant applied for housing being a homeless single mother. The council found that she was intentionally homeless, and was required to leave the temporary accomodation provided. The judge considered that the phrase ‘reasonable opportunity of securing accommodation’ involved consideration by the local authority both of the applicant’s individual situation and that of the authority itself. It was argued that this interpretation would result in there being little effective difference between treatment of intentionally and unintentionally homeless applicants.
Held: the tenant’s appeal was allowed. The duty with respect to accommodation is that it be made available for such period as the authority consider will give the applicant a ‘reasonable opportunity of securing accommodation for his occupation’. That is something conferred on the applicant; a right he acquires coterminous with the extent of the duty. While the authority can decide, subject to the supervision of the court under ordinary principles, what amounts to a reasonable opportunity, the expression does not permit them, in doing so, to have regard to considerations peculiar to them, such as the extent of their resources and other demands upon them. It is what is reasonable from the applicant’s standpoint, having regard to his circumstances and in the context of the accommodation potentially available. ‘ What amounts to a reasonable opportunity will depend on the particular circumstances but it is an assessment the authority are capable of making without converting it into a duty to meet the appellant’s needs. In this statutory context, a distinction is maintainable between giving a reasonable opportunity and giving such opportunity as will succeed in obtaining accommodation. The duty to provide a reasonable opportunity falls short of a duty to provide long term accommodation. ‘

[2006] EWCA Civ 718, Times 30-Jun-2006
Bailii, Gazette
Housing Act 1996 190(2)(a), Homelessness Act 2002
England and Wales
Citing:
CitedRegina 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

Leading Case

Updated: 11 November 2021; Ref: scu.242519

Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012

The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects other than the provision of social housing. It was argued that members would thus be able to run the company for their own benefit. The question was whether, the separate objects being independent of each other, the housing object remained predominant, and the company charitable.
Held: The company’s appeal failed. Though the company ran for public benefit, that was not enough of itself to make it charitable: ‘the provision of a housing stock available for occupation by tenants generally (rather than so as to relieve a charitable need) is not a charitable purpose, because it could only be so if it came within Lord Macnaghten’s fourth category, and it does not do that because it is not within the spirit and intendment of the preamble, nor is it analogous with the examples in the preamble of works of general public utility.’
As to the benefits to individuals: ‘the objects of Helena are not limited, on their true construction, to undertaking operations which are for the primary benefit of the community, to the exclusion of non-incidental benefit for individuals.’
The observations of the Court of Appeal on abuse of right are not binding as a matter of ratio, but they remain persuasive.

Lloyd, Black, Lewison LJJ
[2012] EWCA Civ 569, [2012] PTSR 1409, [2012] WLR(D) 142
Bailii
Statute of Charitable Uses 1601
England and Wales
Citing:
CitedMorice v The Bishop of Durham CA 26-Mar-1804
Bequest, in trust for such objects of benevolence and liberality as the trustee in his own discretion shall most approve, cannot be supported as a charitable Legacy ; and is therefore a Trust for the next of kin.
Ann Cracherade by her Will, . .
CitedMorice v Bishop of Durham HL 1805
The court was asked whether a gift of residue to be applied ‘to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of’ was valid as being confined to purposes that were charitable.
Held: . .
CitedThe Trustees Of The British Museum v White 8-Jul-1826
William White, deceased, devised a freehold estate to trustees, in trust to sell it, and pay the proceeds, together with his residuary personal estate, to the Trustees of the British Museum, to be by them employed for the benefit of that . .
CitedIncome Tax Special Commissioners v Pemsel HL 20-Jul-1891
Charitable Purposes used with technical meaning
The House was asked whether, in a taxing statute applying to the whole of the United Kingdom and allowing for deductions from and allowances against the income of land vested in trustees for charitable purposes, the words ‘charitable purposes’ . .
CitedIn re Macduff; Macduff v Macduff CA 1896
Lindley LJ qualified the judgment of Lord Macnaghten in Pemsel: ‘Now Sir Samuel Romilly did not mean, and I am certain Lord Macnaghten did not mean, to say that every object of public general utility must necessarily be a charity. Some may be, and . .
CitedWilliams’ Trustees v Inland Revenue Commisioners HL 1947
A trust was created by the memorandum and articles of association of a company. The overall objects of the company were to promote Welsh interests in London. The principal object of the trust was to create a centre in London ‘for promoting the moral . .
CitedIn Re Strakosch 1949
The court may construe a gift as impliedly limited to charitable purposes. Lord Greene MR said: ‘In Williams’ Trustees v Inland Revenue Commissioners the House of Lords has laid down very clearly that in order to come within Lord Macnaghten’s fourth . .
CitedScottish Burial Reform and Cremation Society v Glasgow Corporation HL 26-Jul-1967
The appellants sought partial exemption from rates on its premises. The Corporation challenged their charitable status. The society’s object was to encourage and provide facilities for cremation.
Held: The object was charitable.
Lord Reid . .
CitedIncorporated Council of Law Reporting For England And Wales v Attorney-General And Others CA 14-Oct-1971
The Council sought charitable status for its activities of reporting the law. The Revenue appealed against the decision by Foster J that the Council ought to be registered as a charity.
Held: The appeal failed. The company should have . .
Appeal FromHelena Partnerships Limited v HM Revenue and Customs UTTC 6-Apr-2011
UTTC Registered Social Landlord – objects for ‘benefit of the community’ – whether charity – no – availability of relief under s 505 Taxes Act – no . .
At FTTTxHelena Housing Ltd v Revenue and Customs FTTTx 1-Feb-2010
FTTTx CORPORATION TAX – ASSESSMENT – DEDUCTION FOR EXPENDITURE – Was the expenditure incurred wholly and exclusively for its Schedule A business – No – Was the Appellant a Charity – No – Appeal dismissed . .
CitedWilliams’ Trustees v Inland Revenue Commisioners HL 1947
A trust was created by the memorandum and articles of association of a company. The overall objects of the company were to promote Welsh interests in London. The principal object of the trust was to create a centre in London ‘for promoting the moral . .
CitedGeneral Nursing Council for England and Wales v St Marylebone Borough Council HL 1959
The court considered how to decide whether the Council could claim exemption from rates.
Held: The court should restrict its consideration to the purposes as set out and not look to the actual activities. The relevant clause had as its main . .
CitedInland Revenue Commissioners v McMullen CA 1979
The Football Association had set up a trust to promote football in universities and schools, claiming this was charitable under the 1958 Act.
Held: The trust was not charitable whether as being for the advancement of education, or in the . .
CitedIn re South Place Ethical Society 1980
The court considered the meaning and nature of religious belief, and whether a trust for this purpose could be charitable.
Held: Dillon J referred to Russell LJ as having taken the view that the court could hold that there are purposes ‘so . .
CitedInland Revenue Commissioners v McMullen HL 6-Mar-1980
HL Charity – Promotion of sport – Trust created ‘to organise or provide or assist in the organisation and provision of facilities which will enable and encourage pupils of schools and universities in any part of . .
CitedAl-Mehdawi v Secretary of State for the Home Department HL 23-Nov-1989
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision.
Held: Judgment obtained in a party’s absence due entirely to the fault . .
CitedAttorney General of the Caymen Islands and others v Even Wahr-Hansen PC 26-Jun-2000
(Caymen Islands) A memorandum of agreement that proceeds of a trust fund should be paid to ‘any one or more religious, charitable or educational institutions . . or . . operating for the public good’ was not charitable since it the objects were not . .
CitedKendall v Granger CA 2-Jul-1842
Bequest of personalty to trustees, to be ‘applied for the relief of domestic distress, assisting indigent but deserving individuals, or encouraging undertakings of general utility.’ Held, void as a charitable bequest. . .
CitedTomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers.
Held: The council’s appeal . .
CitedThe Attorney-General v Aspinall 4-Jul-1836
Municipal corporations hold their property for public charitable purposes. . .
CitedIn Re Estlin 1903
A home of rest was to be provided for lady teachers.
Held: This was a valid charitable bequest. . .
CitedAttorney General v De Winton 1906
The Borough operated using all its borrowing powers. Its accounts were conducted in the name of its treasurer. The accounts were properly audited. A burgess complained at the payment of the interest on the loan accounts to the treasurer for payment . .
CitedIn Re James 1932
A legacy for the setting up and operation of a home of rest for the sisters of a religious community was a valid charitable bequest, on the basis that it was to be provided for persons in need of such a facility or amenity. . .
CitedIn re Compton; Powell v Compton CA 1945
The court considered the charitable status of a trust ‘for the education of Compton and Powell and Montague children’.
Held: It was not charitable. If the group of beneficiaries is distinguishable from other members of the community by a . .
CitedOppenheim v Tobacco Securities Trust Co Ltd HL 13-Dec-1950
Trustees were directed to apply certain income in providing for ‘the education of children of employees or former employees’ of a British limited company or any of its subsidiary or allied companies. The number of eligible employees was over . .
CitedRe Sanders 1954
A legacy to provide dwellings for the working classes and their families resident in the area of Pembroke Dock or within a radius of five miles, with preference for dockworkers and their families, was not a charitable bequest, because the class of . .
CitedInland Revenue Commissioners v Oldham Training and Enterprise Council ChD 11-Oct-1996
The court was asked whether Oldham TEC was established for exclusively charitable purposes. The Commisioners now appealed against a finding that tey were.
Held: The appeal succeeded. The promotion of commerce is not capable of being a . .
CitedJoseph Rowntree Memorial Trust Housing Association Ltd v Attorney-General 1983
Housing associations wished to build self-contained dwellings for sale to the elderly. The court was asked whether such activity would be charitable in nature.
Held: The proposed schemes were charitable. They were for the relief of the aged, . .

Cited by:
CitedPendragon Plc and Others v HM Revenue and Customs CA 23-Jul-2013
The Revenue had imposed a penalty on the appellants saying that their arrangement for the sale and VAT taxation of demonstrator cars was, in European law terms. The taxpayer sought re-instatment of the First Tier Tribunal judgment in its favour.
Charity, Housing

Updated: 11 November 2021; Ref: scu.456517

Heffernan, Regina (on the Application of) v The Rent Service: HL 30 Jul 2008

The appellant challenged the decision of the respondent to redetermine the rents for two properties, saying that the officer had wrongly interpreted the meaning of locality when looking for comparable properties.
Held: The determinations were quashed. Lord Hope of Craighead said: ‘para 4(6)(b) imposes a geographical control on the extent of the area within which the variety referred to in para 4(6)(c) is to be found. The result of its application may be wide or narrow in terms of geography according to the circumstances. This will depend on the judgment of the rent officer. He must however apply the criterion mentioned in para 4(6)(b) to every neighbourhood which he wishes to add to the one where the dwelling is situated. The only rents which can be added to his basket are those for dwellings which are to be found within a neighbourhood which satisfies this criterion. Those for premises in a neighbourhood which fails to satisfy it must be discarded.’
Lord Rodgers dissenting.

Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Neuberger of Abbotsbury
[2008] UKHL 58, Times 20-Aug-2008, [2008] 1 WLR 1702
Bailii, HL
Rent Officers (Housing Benefit Functions) Order 1997
England and Wales
Citing:
At first instanceHeffernan, Regina (on the Application of) v the Rent Service Admn 10-Oct-2006
The claimant sought judicial review of the redetermination of housing benefits payable in respect of two flats rented out by him. The rent office said that the regulations were merely intended to put in statute form the previous practice used when . .
Appeal fromRent Service v Heffernan, Regina (on the Application of) CA 13-Jun-2007
Appeal against housing benefit rederminations. . .
CitedRegina (Gibson) v The Housing Benefit Review Board for East Devon CA 1993
The court described the purpose of the scheme for determining fair rents. . .
CitedRegina (Saadat) v The Rent Service CA 26-Oct-2001
When choosing an area over which comparisons of rents are to be made, the Service had to look at a locality which was no larger than was necessary to establish such a comparison. The choice of too wide an area resulted in the inclusion within the . .

Lists of cited by and citing cases may be incomplete.

Housing, Benefits

Updated: 11 November 2021; Ref: scu.271276

Barber v London Borough of Croydon: CA 11 Feb 2010

The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council had failed to take account of his disability.
Held: The applicable national guidance required the council to take account of such disabilities in their application of anti-social behaviour provisions, and the 1995 Act also applied. The council had failed to acknowledge that the behaviour for which the claimant was to be dispossessed was clearly associated with his disability. The Council had not followed its own policies of seeking alternative solutions. Having established a gateway (b) defence, the claim for possession failed.

Rix, Richards, Patten LJJ
[2010] EWCA Civ 51
Bailii, Times
Disability Discrimination Act 1995 49A, Housing Act 1996 188
England and Wales
Citing:
CitedKay 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 . .
CitedCentral Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
CitedDoran 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 . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedLondon Borough of Lewisham v Malcolm HL 25-Jun-2008
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .

Cited by:
CitedLegal Services Commission v Henthorn QBD 4-Feb-2011
lsc_henthornQBD11
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the . .

Lists of cited by and citing cases may be incomplete.

Housing, Discrimination, Local Government

Updated: 11 November 2021; Ref: scu.396706

Begum (Nipa) v Tower Hamlets London Borough Council: CA 1 Nov 1999

The fact that the accommodation found to be available to the applicant for housing was in Bangladesh did not make it unavailable in law. The subsections must be read separately. Accommodation could be available to the applicant even though she could not afford to travel to it. The power of the County Court to hear an appeal in such matters included the power to deal with all matters which might be heard in the High Court, including those equivalent to judicial review. The Code is not an authoritative guide to interpretation of the Act.
Auld LJ summarised what is meant by an appeal on a point of law in the context of section 204(3):- ‘It is that ‘a point of law’ includes not only matters of legal interpretation but also the full range of issues which would otherwise be the subject of an application to the High Court for judicial review, such as procedural error and questions of vires, to which I add, also of irrationality and (in) adequacy of reasons. This broad construction of the provision is supported by the somewhat wider or more immediate power to vary given to the county court by section 204(3) than the High Court normally exercises in its judicial review jurisdiction.’

Auld, Stuart-Smith, Sedley LJJ
Gazette 17-Nov-1999, Times 09-Nov-1999, [2000] 1 WLR 306, [1999] EWCA Civ 3051, [2000] COD 31, (2000) 32 HLR 445
Bailii
Housing Act 1985 175 (1) 175(3) 204(3)
England and Wales
Citing:
CitedRegina 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:
CitedHarouki 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 . .
CitedLondon Borough of Wandsworth v Allison CA 15-Apr-2008
The claimant had applied for emergency housing, saying that he had suffered a deep vein thrombosis, and was vulnerable under the 1996 Act. The authority said that its finding that the VT would not put him at additional risk if homeless, was one of . .
CitedWaltham Forest v Maloba, The Law Society CA 4-Dec-2007
The applicant had been refused accomodation as homeless after disclosing the ownership of a family home in Uganda. He had lived and worked in the UK for 15 years. The authority did not accept that it had later been repossessed. The council now . .
CitedHotak 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.

Housing, Litigation Practice

Leading Case

Updated: 11 November 2021; Ref: scu.78321

Nzolameso v City of Westminster: SC 2 Apr 2015

The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had failed to take proper account of her and of her children’s needs.
Held: The appeal succeeded. The decision that their duty to secure that accommodation was made available to her had come to an end must be quashed: ‘the authority cannot show that their offer of the property in Bletchley was sufficient to discharge their legal obligations towards the appellant under the 1996 Act. Moreover, their notification to the appellant that their duty towards her had come to an end was purportedly given in circumstances where she did not know, and had no means of knowing, what, if any, consideration had been given to providing accommodation in or nearer to the borough, apart from the general standard paragraph in the letter offering her the Bletchley accommodation the previous day.’

Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Hughes, Lord Toulson
[2015] UKSC 22, [2015] WLR(D) 165, [2015] PTSR 549, [2015] 2 WLR 813, [2015] 2 All ER 942, (2015) 18 CCL Rep 201, [2015] BLGR 215, [2015] HLR 22, UKSC 2014/0275
Bailii, WLRD, Bailii Summary, SC, SC Summary
Housing Act 1996
England and Wales
Citing:
CitedRegina v Newham London Borough Council, ex parte Sacupima and others CA 1-Dec-2000
Where a local authority had to decide whether temporary housing was suitable for a family who had applied under the homelessness provisions, the location of the short-term housing was relevant. In this case, a London authority, placing a family in . .
Appeal fromNzolameso v City of Westminster CA 22-Oct-2014
The authority accepted that it owed a duty to house the appellant, and that she was unable to afford the rents payable on housing within the district after reductions in housing benefits. She was offered but refused, housing im Milton Keynes. . .
CitedRegina v Sacupima and Others, Ex Parte Newham London Borough Council QBD 26-Nov-1999
A local authority decide to provide temporary accommodation for homeless applicants outside its area in assorted seaside towns, pending a final decision on their cases. This general policy was unlawful, since the authority had failed to consider . .
CitedYumsak v London Borough of Enfield Admn 2002
The court will not readily interfere with the approach of a housing authority to the question of suitability, although in an appropriate case it plainly will. . .
CitedCalgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
CitedRuiz Zambrano (European Citizenship) ECJ 8-Mar-2011
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the . .
CitedCastle and Others v Commissioner of Police for The Metropolis Admn 8-Sep-2011
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children . .
CitedHuzrat v London Borough of Hounslow CA 21-Nov-2013
The applicant sought housing as a homeless person.
Held: Moses LJ said: ‘The statutory questions are clear; was the action or omission in question deliberate? The answer to that question cannot differ [according to] whether the local authority . .
CitedZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
CitedHH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
CitedStevens v Secretary of State for Communities and Local Government and Another Admn 10-Apr-2013
The court was asked as to important issues as the approach of both planning decision-makers and the court to proportionality in circumstances in which a planning decision engages the right to respect for family life under article 8 of the European . .
CitedCollins v Secretary of State for Communities and Local Government and Another CA 9-Oct-2013
The claimant, seeking permission to use land as a gypsy and travellers’ camp site, appealed against rejection of his request for the quashing of the inspector’s report approving an enforcement notice. . .
CitedHines v London Borough of Lambeth CA 20-May-2014
The child applicant sought housing assistance.
Held: The child’s welfare had obviously to be taken into account, but it could not be the paramount consideration as this would be inconsistent with the statutory language. . .
CitedRoyal Mail Group Plc v The Consumer Council for Postal Services CA 7-Mar-2007
The Royal Mail appealed a grant of judicial review of the decision of the Post regulator not to penalise the company for its failure to meet its service conditions as regards enforcement of credit terms for bulk mail customers.
Held: The . .
CitedRegina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
CitedCalgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
CitedRegina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .
CitedLondon Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .

Cited by:
CitedPoshteh v Royal Borough of Kensington and Chelsea SC 10-May-2017
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental . .

Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Leading Case

Updated: 11 November 2021; Ref: scu.545697

Hammersmith and Fulham London Borough Council v Monk: HL 5 Dec 1991

One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed possession, and succeeded, even though she had sought to withdraw her notice.
Held: A right to occupy by virtue of a tenancy is a right which affords little or no security of tenure where the tenancy is a periodic tenancy held jointly with another person; it is open to that other person to give notice to the landlord determining the tenancy. A periodic joint tenancy is determinable by a notice given by one of the joint tenants even if this was against the other’s wishes. The continuance of a joint tenancy requires the will of all the joint tenants to take it from period to period.
Lord Bridge said: ‘I see no reason why this question should receive any different answer in the context of the contractual relationship of landlord and tenant than that which it would receive in any other contractual context. If A and B contract with C on terms which are to continue in operation for one year in the first place and thereafter from year to year unless determined by notice at the end of the first or any subsequent year, neither A nor B has bound himself contractually for longer than one year. To hold that A could not determine the contract at the end of any year without the concurrence of B and vice versa would pre-suppose that each had assumed a potentially irrevocable contractual obligation for the duration of their joint lives, which, whatever the nature of the contractual obligations undertaken, would be such an improbable intention to impute to the parties that nothing less than the clearest express contractual language would suffice to manifest it. Hence, in any ordinary agreement for an initial term which is to continue for successive terms unless determined by notice, the obvious inference is that the agreement is intended to continue beyond the initial term only if and so long as all parties to the agreement are willing that it should do so. In a common law situation, where parties are free to contract as they wish and are bound only so far as they have agreed to be bound, this leads to the only sensible result.’

Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Ackner, Lord Jauncey of Tullichettle, Lord Browne-Wilkinson
Gazette 22-Jan-1992, [1992] 1 AC 478, [1991] 3 WLR 1144, [1991] UKHL 6, [1992] 1 All ER 1
Bailii
England and Wales
Citing:
ApprovedDoe d Aslin v Summersett KBD 1830
Majority of Trustees May Exercise Power
The freehold in land which was let on a yearly tenancy was vested jointly in four executors of a will to whom the land had been jointly devised. Three only of the executors gave notice to the tenant to quit. The fourth objected.
Held: The . .
DisapprovedHowson v Buxton CA 1928
After one tenancy the former tenant as landlord’s representative became joint tenants with the new tenant who provided the funds and bought out the former tenants compensation rights. The landlord gave notice to terminate the tenancy, and the new . .
Appeal fromHammersmith and Fulham London Borough Council v Monk CA 1990
Mr Monk and Mrs Powell held a tenancy of the council in their joint names. They fell out and Mrs Powell gave the contractual four week notice. Mr Monk objected that this should not have allowed the council to end the tenancy.
Held: The notice . .
CitedGreenwich London Borough Council v McGrady CA 1982
A notice to quit given by one of two joint tenants without the consent of the other was effective to determine the periodic tenancy to which it related.
Sir John Donaldson MR said: ‘In my judgment, it is clear law that, if there is to be a . .
CitedDoe d. Kindersley v Hughes 1840
The tenant challenged the validity of a notice given by not all his landlords.
Held: The notice was valid. . .
CitedAlford v Vickery 18-Mar-1842
A notice given not by all the freeholders to a yearly tenant was valid despite the non-involvement of one of the freeholders. . .
CitedLeek and Moorlands Building Society v Clark CA 1952
The court was asked whether one of two joint lessees could validly surrender the lease before the full period of the lease had run without the concurrence of the other joint lessee.
Held: Somervell LJ was in favour of the defendant lessees: . .
CitedCandy v Jubber 1865
The plaintiff had been injured by a defective iron grating which was out of repair so as to amount to a nuisance. The property was occupied by a yearly tenant but the claim was brought against the reversioner, who was held liable by the Court of . .
No longer good lawDoe d. Whayman v Chaplin 1310
Four persons were the joint lessors on a periodic tenancy. Three only of the joint lessors gave notice to quit against the wishes of the fourth. At one stage the court inclined to the view that in order to determine the tenancy all four lessors had . .
CitedSmith v Grayton Estates Ltd SCS 1960
The Court was asked whether a tenancy continuing from year to year after the expiry of a fixed term by virtue of the 1949 Act was determined by notice given by one of two joint tenants.
Held: The notice was effective.
Lord President Clyde . .
CitedRe Warren ChD 1932
The Divisional Court in Bankruptcy applied the rule that a judicial act takes effect at the very start of the day on which it occurs to give deemed precedence to a receiving order, a judicial act, over a payment made earlier in the day. The . .
CitedBull v Bull CA 1955
The parties were mother and son who had purchased a property as joint tenants. The son contributed a greater part of the purchase price. The son then married, and agreements were reached as to occupation of different parts of the house. When those . .

Cited by:
CitedNewlon Housing Trust v Alsulaimen and Another HL 29-Jul-1998
A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession . .
CitedGay v Sheeran, London Borough of Enfield CA 18-Jun-1999
The ability for a court to order the transfer of a secure tenancy between partners under the Act depended upon the court first making an occupation order in favour of the party from whom the tenancy was to be transferred, but the order could be made . .
CitedLondon Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become . .
CitedReichman and Another v Beveridge CA 13-Dec-2006
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking . .
CitedHussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
CitedHussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedAlexander-David v London Borough of Hammersmith and Fulham CA 1-Apr-2009
The authority was required to provide housing to the minor applicant, but she was too young to hold a legal estate. An equitable lease had been created, and she now appealed against an order for possession having broken the terms of the agreement, . .
AppliedBradney, Birmingham City Council v Birmingham City Council, McCann CA 9-Dec-2003
Birmingham Council had granted H and W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the . .
CitedCoombes, 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 . .
BindingSims v Dacorum Borough Council CA 24-Jan-2013
Husband and wife had been joint tenants of the council. On the breakdown of the marriage, W gave notice to quit. H defended the council’s possession action, saying that it was an infringement of his human rights for him to lose his tenancy and home. . .
CitedSims v Dacorum Borough Council SC 12-Nov-2014
Surrender at Common Law Survives Human Rights Law
The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive . .
CitedLondon Borough of Harrow v Johnstone HL 13-Mar-1997
A possession action was lawful against a remaining joint tenant after a notice to terminate the tenancy had been given by the other tenant. An order against interference with possession of property did not extend to matters of the duration of the . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Leading Case

Updated: 11 November 2021; Ref: scu.81200

Potts v Densley and Another: QBD 6 May 2011

potts_densleyQBD11

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
Citing:
CitedEnglish 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 . .
CitedDraycott 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 . .
CitedTiensia 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:
ApprovedSuurpere 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: 11 November 2021; Ref: scu.434900

London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet.
Held: Section 23(3)(c) of the DDA 1995 is unqualified. It both prohibits discrimination and makes it unlawful. Nothing in section 93(2) of the 1985 Act, on which the claimant relied, stated that the landlord had a right to possession, still less a right to possession notwithstanding any enactment to the contrary. The possession action and indeed possibly the notice to quit was discriminatory.

Arden LJ, Longmore LJ, Toulson LJ
[2007] EWCA Civ 763, [2008] 2 WLR 369, [2008] Ch 129, [2008] L and TR 4, [2008] HLR 14, [2007] 32 EG 88, [2008] BLGR 189
Bailii
Disability Discrimination Act 1995, Disability Rights Commission Act 1999, Disability Discrimination Act 2005, Housing Act 1985 85
England and Wales
Citing:
CitedRe C (Adult: Refusal of Treatment) FD 1994
C had been admitted to a secure hospital as a patient under Part III of the Mental Health Act 1983 because of his paranoid schizophrenia. He now sought an injunction to prevent the amputation of his gangrenous foot without his written consent. The . .
MentionedClark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
CitedCouncil of the City of Manchester v Romano, Samariz CA 1-Jul-2004
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination.
Held: In secure tenancies, the authority had to consider the . .
CitedRichmond Court (Swansea) Ltd v Williams CA 14-Dec-2006
Section 24 of the 1995 Act requires the court ‘(i) to identify the treatment of the disabled person that is alleged to constitute discrimination, (ii) to identify the reason for that treatment, (iii) to determine whether the reason relates to the . .
CitedMercantile Credit Co Ltd v Hamblin CA 1964
Pearson LJ said: ‘There is no rule of law that in a hire purchase transaction the dealer never is, or always is, acting as agent for the finance company or as agent for the customer.Nevertheless, the dealer is to some extent an intermediary between . .
CitedDatec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
CitedRegina v Chief National Insurance Commissioner Ex Parte Connor QBD 1981
The court was asked whether the rule against forfeiture applied so as to disentitle an applicant from receiving a widow’s allowance when she had killed her husband with a knife. She had been held guilty of manslaughter but simply placed on . .
CitedBUPA Purchasing Ltd. and others v HM Revenue and Customs ChD 8-Oct-2005
Parliament does not necessarily set out in a statute matters which are governed by the general law. . .
CitedAvon District Council v Buscott 1988
The grounds on which any application for judicial review are to be based may not be raised as a defence in the civil proceedings unless a private law right has been infringed. . .
CitedTodd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’) CA 2002
Where the correctness of a finding of primary fact or of inference is in issue (on appeal), it cannot be a matter of simple discretion how an appellate court approaches the matter. Once the appellant has shown a real prospect (justifying permission . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedGhaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
CitedNorth Devon Homes Housing Association v Brazier QBD 2003
The tenant was guilty of nuisance, but her misbehaviour was attributable to her psychotic state – her ‘disability’ within the 1995 Act.
Held: Though a very pertinent factor to be taken into account may be a housing authority’s obligations to . .
CitedAssicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
CitedGoodwin v Patent Office EAT 3-Feb-1999
Tribunals looking at Disability Discrimination should check the four factors in the Act without losing the overall picture. Assistance was available from the WHO Classification of Diseases. Being able to carry out a task did not mean ability was not . .
CitedA Power v Panasonic UK Ltd EAT 17-Sep-2002
EAT The tribunal had held that the applicant was not a disabled person within the meaning of the Act because only of an addiction to alcohol. This was not to be treated as an impairment. She also suffered from . .
CitedMcPhail v Persons, Names Unknown CA 1973
The court was asked to make an order against persons unknown in order to recover land. Although an owner of land which was being occupied by squatters was entitled to take the remedy into his own hand, he was encouraged to go to a common law court . .
CitedMichalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
CitedJames v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
CitedH J Heinz Co Ltd v Kenrick EAT 3-Dec-1999
EAT Disability Discrimination – Compensation. . .

Cited by:
CitedS v Floyd, Equality and Human Rights Commission CA 18-Mar-2008
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, . .
CitedS v Floyd, Equality and Human Rights Commission CA 18-Mar-2008
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, . .
Appeal FromLondon Borough of Lewisham v Malcolm HL 25-Jun-2008
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Housing

Updated: 11 November 2021; Ref: scu.258390

Heald and Others v London Borough of Brent: CA 20 Aug 2009

The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was not democratically accountable.
Held: Reviews could be contracted out. The court could ‘not see that a third party should necessarily be any less impartial than an employee. Whether he can be regarded as less independent may depend on the particular facts, and in particular the terms of the contract between the authority and the third party. ‘

Stanley Burnton, Tuckey, Sedley LJJ
Times 12-Oct-2009, [2009] EWCA Civ 930, [2009] HRLR 34, [2009] LGR 937, [2010] HLR 8, [2010] PTSR 572, [2009] BLGR 937, [2010] 1 WLR 990
Bailii
Housing Act 1996 202, Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 2, Deregulation and Contracting Out Act 1994 70, Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 3
England and Wales
Citing:
CitedStarrs v Ruxton HCJ 11-Nov-1999
The court was asked ‘whether the Lord Advocate has acted in a way which was incompatible with the rights of the accused under art 6(1) of the Convention to fair trial by ‘an independent and impartial tribunal’ within the meaning of that article.’ . .
CitedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedFeld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
CitedHazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
CitedZumtobel v Austria ECHR 21-Sep-1993
The Zumtobel partnership objected to the compulsory purchase of their farming land to build the L52 by-pass road in the Austrian Vorarlberg. The appropriate Government committee heard their objections but confirmed the order. They appealed to an . .
CitedLondon Borough of Newham v Adan CA 14-Dec-2001
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority . .
CitedISKCON v United Kingdom ECHR 8-Mar-1994
(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an . .
CitedRegina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
CitedIn Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
CitedKingsley v The United Kingdom ECHR 7-Nov-2000
The judicial review procedure which restricted the matters which it considered so as to exclude consideration of the allegation by the applicant that the tribunal whose decision he challenged had not been impartial, was insufficient to support the . .
CitedStefan v United Kingdom ECHR 1998
. .
CitedX v United Kingdom ECHR 19-Jan-1998
The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair. . .

Lists of cited by and citing cases may be incomplete.

Local Government, Housing

Updated: 11 November 2021; Ref: scu.373190

London Borough of Lambeth v Loveridge: CA 10 May 2013

The Council had been found to have unlawfully evicted the respondent, and now appealed against the calculation of statutory damages awarded. It said that the court should in its valuation have allowed for the propensity for a move from a secure tenancy with the authority to an assured tenancy with a housing association on the sale of the freehold.
Held: The appeal was allowed.
Briggs LJ said: ‘Turning to the valuation required by s.28(1)(a), the assumption that the residential occupier continues to have ‘the same right to occupy the premises as before that time’ by no means requires an assumption that those rights are set in stone thereafter, immune from adverse change, whether by the landlord’s lawful action or by operation of law. If there is anything which the landlord in default can lawfully do to mitigate the adverse effect of those rights upon an open market purchase that must be taken into account . . the valuer is equally obliged to take into account the inherent fragility of a secure tenancy to becoming downgraded by operation of law into an assured tenancy, on a sale of a local authority landlord’s interest to a private landlord purchaser.’

Arden, Briggs LJJ, Sir Stanley Burnton
[2013] EWCA Civ 494, [2013] 1 WLR 3390
Bailii, Bailii
Housing Act 1988 27 28
England and Wales
Citing:
CitedTagro v Cafane and Another CA 23-Jan-1991
The private landlord held premises under a lease from a local authority which prohibited sub-letting and assignment. He sub-let to the plaintiff and then unlawfully evicted her. He appealed against an award to her of statutory damages, submitting . .
CitedMelville v Bruton CA 29-Mar-1996
Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as . .
CitedWandsworth London Borough Council v Osei-Bonsu CA 22-Oct-1998
Where one joint tenant had given notice and the landlord mistakenly excluded the other tenant, the husband, from possession, the landlord could not rely on the defence of ‘reasonable cause’. The tenant has the choice of possession or statutory . .

Cited by:
Appeal fromLoveridge v London Borough of Lambeth SC 3-Dec-2014
The Council had granted a weekly secure tenancy of the premises to the appellant. The Court considered the calculation of damages awarded for an unlawful eviction of a residential tenant.
Held: Section 28(1)(a) requires the basis of the . .

Lists of cited by and citing cases may be incomplete.

Housing, Damages

Updated: 11 November 2021; Ref: scu.503554

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession

The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law into disrepute. It breeds resentment. It fosters an inequality of outlook which is demeaning alike to those unfairly benefited and those unfairly prejudiced.’ and ‘there is no reason for believing . . factual differences between heterosexual and homosexual couples have any bearing on why succession rights have been conferred on heterosexual couples but not homosexual couples.’ The social policy underlying the 1988 extension of security of tenure under paragraph 2 to the survivor of couples living together as husband and wife was equally applicable to the survivor of homosexual couples living together in a close and stable relationship: ‘treating the survivors of long-term homosexual partnerships less favourably than the survivors of long-term heterosexual partnerships for purposes of the Rent Act 1977 violates their right under article 14 in relation to article 8(1) of the Convention. ‘
Baroness Hale explained that unequal teatment: ‘is the reverse of the rational behaviour we now expect of government and the state. Power must not be exercised arbitrarily. If distinctions are to be drawn, particularly upon a group basis, it is an important discipline to look for a rational basis for those distinctions.’
It was impermissible to seek to construe an Act in a way which was inconsistent with the Act’s purpose: ‘Parliament, however, cannot have intended that in the discharge of this extended interpretative function the courts should adopt a meaning inconsistent with a fundamental feature of legislation. That would be to cross the constitutional boundary section 3 seeks to demarcate and preserve. Parliament has retained the right to enact legislation in terms which are not Convention-compliant. The meaning imported by application of section 3 must be compatible with the underlying thrust of the legislation being construed. Words implied must, in the phrase of my noble and learned friend, Lord Rodger of Earlsferry, ‘go with the grain of the legislation’. Nor can Parliament have intended that section 3 should require courts to make decisions for which they are not equipped. There may be several ways of making a provision Convention-compliant, and the choice may involve issues calling for legislative deliberation.’
Lord Nicholls of Birkenhead articulated why discrimination is anathema to all that we hold precious in our society:
‘Discrimination is an insidious practice. Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law into disrepute. It breeds resentment. It fosters an inequality of outlook which is demeaning alike to those unfairly benefited and those unfairly prejudiced. Of course all law, civil and criminal, has to draw distinctions. One type of conduct, or one factual situation, attracts one legal consequence, another type of conduct or situation attracts a different legal consequence. To be acceptable these distinctions should have a rational and fair basis. Like cases should be treated alike, unlike cases should not be treated alike. The circumstances which justify two cases being regarded as unlike, and therefore requiring or susceptible of different treatment, are infinite. In many circumstances opinions can differ on whether a suggested ground of distinction justifies a difference in legal treatment. But there are certain grounds of factual difference which by common accord are not acceptable, without more, as a basis for different legal treatment. Differences of race or sex or religion are obvious examples. Sexual orientation is another. This has been clearly recognised by the European Court of Human Rights: see, for instance, Frette v France [2003] 2 FLR 9, 23, para 32. Unless some good reason can be shown, differences such as these do not justify differences in treatment. Unless good reason exists, differences in legal treatment based on grounds such as these are properly stigmatised as discriminatory.’

Lord Nicholls of Birkenhead, Lord Steyn, Lord Millett, Lord Rodger of Earlsferry, Baroness Hale of Richmond
[2004] UKHL 30, [2004] 3 WLR 113, [2004] 2 AC 557, [2004] 3 All ER 411, 16 BHRC 671, [2004] 2 FCR 481, [2004] UKHRR 827, [2004] 2 P and CR DG17, [2004] 2 FLR 600, [2004] Fam Law 641, [2004] NPC 100, [2004] 27 EGCS 128
Bailii, House of Lords
Rent Act 1977 Sch1 p2, Human Rights Act 1998 3, European Convention on Human Rights 8 14
England and Wales
Citing:
Appeal fromGhaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
ReconsideredFitzpatrick 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 . .
CitedChapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
CitedMarzari v Italy ECHR 1999
The applicant suffered from metabolic myopathy and was 100 per cent disabled. He was allocated an apartment which he considered inadequate. He ceased paying rent for it, demanding that certain works be carried out to make it suitable for him to live . .
CitedFrette v France ECHR 2002
There are certain grounds of factual difference which by common accord are not acceptable, without more, as a basis for different legal treatment, including sexual orientation: ‘. . the Contracting States enjoy a margin of appreciation in assessing . .
CitedDouglas v North Tyneside Metropolitan Borough Council CA 19-Dec-2003
The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory.
Held: The Convention required the . .
CitedErskine, Regina (on the Application Of) v Lambeth and Another Admn 14-Oct-2003
. .
SupercededS v United Kingdom ECHR 1986
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed . .
SupercededRoosli v Germany ECHR 1996
. .
CitedCarson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
CitedKarner v Austria ECHR 24-Jul-2003
A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of . .
CitedWalden v Liechtenstein ECHR 16-Mar-2000
The Liechtenstein constitutional court had held that the unequal pension treatment afforded to married and unmarried couples was unconstitutional. The constitutional court did not set aside the existing legislation, given the practical difficulties . .
CitedPetrovic v Austria ECHR 27-Mar-1998
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8.
Held: The . .
CitedWilson 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 . .
CitedRegina v Aziz; Regina v Tosun; Regina v Yorganci HL 16-Jun-1995
The defendant (one of three) relied upon his part exculpatory statement made in interview and did not give evidence. The judge said that his good character was relevant as to his own propensity, and the character of the others was relevant to their . .
CitedBellinger v Bellinger HL 10-Apr-2003
Transgendered Male/Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
CitedRegina v A (Joinder of Appropriate Minister) HL 21-Mar-2001
An appeal was to be heard by the committee in which it was expected that a declaration of incompatibility would be considered in respect of legislation restricting the raising by a defendant on a charge of rape of the complainant’s sexual history. . .
CitedRegina v Secretary of State for the Home Department Ex parte Anderson HL 25-Nov-2002
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase.
CitedRegina v A (Complainant’s Sexual History) (No 2) HL 17-May-2001
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
CitedRe S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan) HL 14-Mar-2002
The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed.
Held: This was not a legitimate extension of the . .
CitedPilar Aida Rojas v Brian Berllaque PC 10-Nov-2003
PC (Gibraltar) The system of selecting a criminal jury obliged men to be available for selection, but women could choose not to be on the role of jurors. The result was that jury lists and juries were almost . .
CitedUnion Colliery Co of British Columbia Ltd v Bryden 1899
The court discussed how to discover the ‘pith and substance’ of the measure that Parliament had enacted. . .
CitedPickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
CitedLitster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
CitedSecretary of State for the Home Department v International Transport Roth Gmbh and others CA 22-Feb-2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The . .
CitedMarleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
CitedMichael Yearwood v The Queen PC 26-Jun-2001
PC (Grenada) The defendant appealed against his conviction for murder. He claimed a misdirection on provocation.
Held: The judge’s direction had been over elaborate, and gave too much weight to the old law. . .
CitedVasquez v The Queen; O’Neil v The Queen PC 26-Oct-1994
(Belize) The burden of proof on provocation in a murder case remained with the prosecution despite the constitution. The Belize Criminal Code imposed no more than an evidential burden on the accused: ‘In their Lordships’ view section 116(a) of the . .
CitedRegina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .

Cited by:
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedSingh v Entry Clearance Officer New Delhi CA 30-Jul-2004
The applicant, an 8 year old boy, became part of his Indian family who lived in England, through an adoption recognised in Indian Law, but not in English Law. Though the adoption was genuine, his family ties had not been broken in India. The family . .
CitedMorris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter . .
CitedSheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
CitedGita Ram v Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell CA 5-Nov-2004
A bankrupt had, before his bankruptcy disposed of his share in a house at an undervalue. His wife appealed an order that the share disposed of should vest entirely in the trustee in bankruptcy. Matrimonial proceedings had also been commenced.
CitedSecretary of State for the Home Department v Hindawi and Headley CA 13-Oct-2004
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory . .
CitedNutting v Southern Housing Group Ltd ChD 21-Dec-2004
The deceased tenant and the appellant had lived together in a violent alcoholic homosexual relationship. The appellant had claimed to have succeeded to the tenancy on his partner’s death. The authority said the relationship had been at an end, and . .
CitedWilkinson, Regina (on the Application Of) v Inland Revenue HL 5-May-2005
The claimant said that the widows’ bereavement tax allowance available to a wife surviving her husband should be available to a man also if it was not to be discriminatory.
Held: Similar claims had been taken before the Human Rights Act to the . .
CitedInterfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
CitedCarson, 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 . .
CitedWilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
CitedWilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
CitedAttridge Law (A Firm of Solicitors) v Coleman and Law EAT 20-Dec-2006
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
CitedConnolly v Director of Public Prosecutions Admn 15-Feb-2007
The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she . .
CitedRegina v F CACD 16-Feb-2007
The defendant was charged with offences for having been in possession of a document or record containing information of a kind ‘likely to be useful to a person committing or preparing an act of terrorism’. It was thought he was associated with a . .
CitedSmith v KD Scott, Electoral Registration Officer SCS 24-Jan-2007
The prisoner claimed that his right to vote had not been re-instated despite a year having passed since the European Court of Human Rights had found that the withdrawal of that right for prisoners was an infringement.
Held: It was not possible . .
CitedO’Connor and Another v Wiltshire County Council CA 9-May-2007
The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been . .
CitedReader and others v Molesworths Bright Clegg Solicitors CA 2-Mar-2007
The claimants were children of the victim of a road traffic accident. The solicitors were conducting a claim on his behalf for damages, but when he died, they negligently discontinued the action.
Held: The claimants’ action as dependants of . .
CitedLondon Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
CitedIn re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
CitedAL (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 . .
CitedHurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another QBD 29-Oct-2008
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 29-Oct-2008
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . .
CitedPurdy, 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 . .
CitedRodriguez v Minister of Housing of The Government and Another PC 14-Dec-2009
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples.
Held: The aim of discouraging homosexual relationships is . .
CitedJ v DLA Piper UK Llp EAT 15-Jun-2010
EAT DISABILITY DISCRIMINATION – Disability
Job offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time . .
CitedWebster v Regina CACD 1-Dec-2010
The defendant appealed against his conviction under the 1889 Act for making a corrupt gift to a local government officer. He said that the 1916 Act placed an unfair burden on him to prove that the gift was not corruptly given.
Held: The appeal . .
CitedGC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
CitedA v P (Surrogacy: Parental Order: Death of Applicant) FD 8-Jul-2011
M applied for a parental order under the 2008 Act. The child had been born through a surrogacy arrangement in India, which was lawful there, but would have been unlawful here. The clinic could not guarantee a biological relationship with the child. . .
CitedBull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
CitedLukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
CitedUnison, Regina (on The Application of) v The Lord Chancellor and Another Admn 7-Feb-2014
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
Held: The challenge failed. The new Order was not in breach of European Union . .
CitedZN and Another, Regina (on The Application of) v Bromley Youth Court Admn 9-Jul-2014
The applicants, both aged 16, sought permission to bring judicial review of a decision to commit thme for trial at the adult Crown Court on theft charges along with a co-defendant adult (though 18).
Held: Permission was granted.
Hayden J . .
CitedSalvesen 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 . .
CitedX and Another v Z (Children) and Another CA 5-Feb-2015
The Court was asked as to the circumstances in which DNA profiles obtained by the police in exercise of their criminal law enforcement functions can, without the consent of the data subject, be put to uses which are remote from the field of criminal . .
CitedDavid T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others SC 30-Jul-2014
The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act.
Held: . .
CitedBarclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others SC 22-Oct-2014
Constitutional Status of Chanel Islands considered
The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the . .
CitedRotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 25-Feb-2015
Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute . .
CitedSmith v Lancashire Teaching Hospitals NHS Trust and Another QBD 8-Sep-2016
The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms:
i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including . .
CitedSteinfeld and Another v Secretary of State for Education CA 21-Feb-2017
Hetero Partnerships – wait and see proportionate
The claimants, a heterosexual couple complained that their inability to have a civil partnership was an unlawful discrimination against them and a denial of their Article 8 rights. The argument that the appellants’ case did not come within the ambit . .
CitedThe Secretary of State for Justice v MM CA 29-Mar-2017
Power of FTT to deprivie patient of liberty
Two patients who had been confined to a secure hospital, appealed against orders which would continue to restrict their liberty upon being conditionally released. The parties now disputed the jurisdiction of the FTT to make such an order.
CitedChief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School CA 13-Oct-2017
Single Sex Schooling failed to prepare for life
The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes.
Held: The action was . .
CitedSteinfeld and Keidan, Regina (on The Application of) v Secretary of State for International Development (In Substitution for The Home Secretary and The Education Secretary) SC 27-Jun-2018
The applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
CitedJoint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department Admn 1-Mar-2019
The claimants challenged as discriminatory the statutory requirement for landlords to verify the immigration status of potential tenants and land occupiers.
Held: The challenge succeeded. . .
CitedWalker v Innospec Ltd and Others SC 12-Jul-2017
The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner.
Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was . .
CitedHuman Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
CitedReferences (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government SC 6-Oct-2021
Scots Bills were Outwith Parliament’s Competence
The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children.
Held: The laws had effect also outside Scotland . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Housing, Human Rights

Leading Case

Updated: 11 November 2021; Ref: scu.198384

Austin v Mayor and Burgesses of The London Borough of Southwark: SC 23 Jun 2010

The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live in the house paying rent and sums from the arrears until he died in 2005. The appellant said that he had lived in the house since 2003, having gone to care for his brother during his illness. The claimant now said that the Court should reverse the HL decision in Thompson.
Held: The resident’s appeal was allowed. The question amounted to asking whether the periodic tenancy created under section 82(3) came to an end on the date fixed by the court order (per Thompson) or the date when physical possession was taken on execution of the warrant. The second reading avoided the anomalies associated with the tolerated tresspasser status, but the reading of the section as expressed in Thompson is now so embedded in the law that the consequences of reversing it were incalculable, and the problem had been addressed in the 2008 Act. The judgment in Knightley should instead be overruled.
In this case the deceased’s tenancy had continued, and was capable of being exercised by his personal representative.

Lord Hope, Deputy President, Lord Walker, Lady Hale, Lord Brown, Lord Kerr
[2010] WLR (D) 156, [2010] UKSC 28, [2010] 26 EG 90, [2010] PTSR 1311, [2010] 35 EG 94, 2010] 3 WLR 144
WLRD, Bailii Summary, SC Summary, SC, Bailii
Housing Act 1985 79(1) 82(2), Housing and Regeneration Act 2008, Housing and Regeneration Act 2008 (Commencement No 5) Order 2009 (SI 2009/1261)
England and Wales
Citing:
At First InstanceAustin v Southwark London Borough Council (499) QBD 29-Jan-2008
. .
At First InstanceAustin v Southwark London Borough Council (355) QBD 29-Jan-2008
. .
Appeal fromAustin v London Borough of Southwark CA 16-Feb-2009
The court considered the right to succeed to a secure tenancy which has terminated during the lifetime of the tenant as a result of a possession order, but with the former tenant remaining in possession as ‘a tolerated trespasser’, and having a . .
CitedBurrows 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 . .
ConfirmedThompson v Elmbridge Borough Council CA 1987
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order . .
CitedGreenwich 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 . .
CitedPractice Statement (Judicial Precedent) HL 1966
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those . .
CitedHesperides Hotels Ltd v Aegean Turkish Holidays Ltd, Muftizahde HL 1978
No English action lay for trespass to a hotel on the island of Cyprus, but an action did lie for the conversion of the chattels present in that same hotel. Questions of comity might well be involved, and it had to be for Parliament to change the . .
CitedKnowsley 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: . .
MentionedHorton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
CitedHarlow District Council v Hall CA 28-Feb-2006
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was . .
MentionedRegina v Howe etc HL 19-Feb-1986
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed.
Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is . .
OverruledBrent London Borough Council v Knightley and Another CA 26-Feb-1997
The daughter of a deceased tenant claimed succession to her mother’s interest in a tenancy which was subject to a possession order.
Held: There can be no succession to a tolerated trespasser under a former secure tenancy. . .
CitedBristol City Council v Hassan and Glastonbury CA 23-May-2006
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order.
Housing

Updated: 11 November 2021; Ref: scu.417704

Truro Diocesan Board of Finance Ltd v Foley: CA 22 Oct 2008

The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed possession. There had been a compromise under which he left possession for a day and then returned under an assured shorthold tenancy for five years. The deed of compromise did not itself contain any present words of demise, and so could not itself amount to a lease creating an immediate tenancy.

Lord Justice May, Lord Justice Moore-Bick and Sir John Chadwick
[2008] EWCA Civ 1162, Times 01-Dec-2008
Bailii
Rent Act 1977, Housing Act 1988 34(1)(b)
England and Wales
Citing:
CitedDibbs v Campbell 1988
. .
CitedBolnore Properties Ltd v Cobb 1996
. .
CitedPoole v Bentley 9-Feb-1810
An instrument containing words of present demise will operate as a lease, if such appear to be the intention of the parties, though it contain a clause for a future lease or leases; as where the one thereby agrees to let, and the other agrees to . .
CitedWalsh v Lonsdale CA 1882
Lonsdale purported to grant to Walsh a seven year lease with rent payable in advance. The lease was not embodied in a deed, and when Walsh went into possession, an annual tenancy with rent payable in arrear was created. Walsh did not pay in advance, . .
CitedWarman v Faithfull 25-Jan-1834
An instrument in writing, whereby A agreed to let premises to B, for seven, fourteen, or twentyone years (commencing at Christmas Day then next), at the option of B, at the yearly rent of 241., payable quarterly, the first payment to be made at the . .
CitedDoe Dem Pearson v Ries And Keapp 23-Jan-1832
K. agrees to let, and P. to take, a house in its unfinshed state, for the term of sixty years, being the whole term that K. has the same leased to him, at the rent of 5251, payable quarterly, the first payment to be made for the half quarter at . .
CitedPinero, one, &c v Judson and Another 7-Nov-1829
Agreement for a lease, with stipulation for the lessee to commence with laying out a cousiderable sum on the premises, (the lease to contain certain specified covenants,) ‘and in the mean time, and until such lease shall be executed, to pay rent, . .
CitedKay 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 . .

Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 10 November 2021; Ref: scu.277113

Akerman-Livingstone v Aster Communities Ltd: SC 11 Mar 2015

Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether the courts are entitled to take the same summary approach to such a defence, where the claimant is a social landlord, as they can normally take to a defence asserting that eviction by a public authority would breach the right to respect for the defendant’s home, which is protected by article 8 of the European Convention on Human Rights. Held; A summary procedure should not normally be used when a disability discrimination defence was lodged. Such a defence was not to be conflated with a defence suggesting breach of the defendants article 8 rights

Lord Neuberger, President, Lady Hale, Deputy President , Lord Clarke, Lord Wilson , Lord Hughes
[2015] UKSC 15, [2015] 3 All ER 725, [2015] 1 AC 1399, [2015] BLGR 765, [2015] WLR(D) 121, [2015] 2 WLR 721, [2015] HLR 20, UKSC 2014/0202
Bailii, Bailii Summary, SC, SC Summary, WLRD
Equality Act 2010
England and Wales
Citing:
Appeal fromAster Communities Ltd v Akerman-Livingstone CA 30-Jul-2014
The respondent tenant had resisted possession proceedings on the basis of his disability.
Held: The court facing such a defence should treat it in the same way as it would an argument that the tenat’s article 8 Human rights were threatened. . .
CitedManchester 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 . .
CitedLondon Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
CitedRegina v Oakes 28-Feb-1986
Supreme Court of Canada – Constitutional law — Charter of Rights — Presumption of innocence (s. 11(d)) — Reverse onus clause — Accused presumed to be trafficker on finding of possession of illicit drug — Onus on accused to rebut presumption — . .
CitedDe Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
CitedLondon Borough of Lewisham v Malcolm HL 25-Jun-2008
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
CitedThurrock Borough Council v West CA 8-Nov-2012
The tenant had resisted the application for possession on the basis that it would amount to a disproportionate interference in his human rights. The council appealed.
Held: The appeal succeeded. The judge had erred in considering that the . .
CitedRegina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
CitedLondon 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 . .
CitedKay 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 . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .

Cited by:
CitedSecretary of State for Justice v Prospere EAT 30-Apr-2015
EAT Disability Discrimination: Reasonable Adjustments – Section 15
The Employment Tribunal erred in failing to decide the disability discrimination and reasonable adjustments claims on the basis of the . .
CitedFirstgroup Plc v Paulley SC 18-Jan-2017
The claimant wheelchair user alleged discrimination by the bus company. The space reserved for wheelchair users on a bus had been wrongly occupied by a passenger who refused to vacate the space. The claimant said that the bus driver should have . .

Lists of cited by and citing cases may be incomplete.

Housing, Discrimination, Human Rights

Leading Case

Updated: 10 November 2021; Ref: scu.544220

John Jackson Charitable Trust v Hornblower and Others: UTLC 4 Feb 2014

UTLC LANDLORD AND TENANT – assured tenancy – rent determination by rent assessment committee – deduction for repairing liability – whether reasons given for deduction – appeal on error of law – requirement for valuation tribunals to give adequate reasons – appeal allowed – remitted to first-tier tribunal (property chamber) – s14 Housing Act 1988

P D McCrea FRICS
[2014] UKUT 21 (LC)
Bailii
Housing Act 1988 14
England and Wales

Housing

Updated: 10 November 2021; Ref: scu.521509

Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening: CA 23 Jun 2009

The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in respect of their occupation.
Held: The appeal was dismissed. A court hearing a judicial review of an authority’s decision to seek possession of land occupied as residence, should look at the several decisions involved and test each for reasonableness. It should not restrict itself to a pure rationality test: ‘a public authority should take account of the personal circumstances of the occupier known to it, but it does not follow from this that there will ever be circumstances in which it will be unreasonable to seek possession against trespassers in situations similar to those in Kay. Those situations may make it unreasonable not to allow a period of time to bring the possession order sought into effect but that is something which the court oversees and which the law allows for.’
However: ‘under domestic property law the appellants have no right to occupy their respective premises, of which the council has an unqualified right of possession. The appellants fall outside the categories to which Parliament has provided protection. The council has no duty to accommodate the appellants and has a duty to manage its assets. The appellants have put in a draft pleading before us, but it does not allege any facts which provide some special claim to remain. If the matter were remitted the court would be bound to make an order for possession, although it would be entitled to take account of the personal circumstances in considering the time at which the order would be effective.’

Waller, lloyd, Richards LJJ
[2009] EWCA Civ 613, [2009] 26 EG 112, [2009] 37 EG 106, Times 23-Jul-2009, [2010] 1 WLR 446, [2010] PTSR 66, [2009] NPC 82, [2009] BLGR 773, [2010] 1 P and CR 3
Bailii
European Convention on Human Rights 8
England and Wales
Citing:
CitedAssociated 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 . .
CitedKay 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 . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedMcGlynn v Welwyn Hatfield District Council CA 1-Apr-2009
The appellant was a non-secure tenant of the respondent. It had served a notice to quit and he now appealed against an order for possession on public law grounds.
Held: There had been a delay between the issue of the notice to quit and the . .
CitedDoran 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 . .
CitedBelfast City Council v Miss Behavin’ Ltd HL 25-Apr-2007
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of . .

Cited by:
CitedBarber v London Borough of Croydon CA 11-Feb-2010
The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Judicial Review

Updated: 10 November 2021; Ref: scu.347138

McCann v The United Kingdom: ECHR 9 Sep 2008

The local authority had determined Mr McCann’s right to remain in his home by obtaining from his wife a notice to quit, the effect of which (surrendering their joint tenancy) upon him she did not understand. He said that this interfered with his article 8 rights.
Held: He should in these circumstances have been given the opportunity to argue the issue of proportionality under article 8. However, ‘The court does not accept that the grant of the right to the occupier to raise an issue under article 8 would have serious consequences for the functioning of the system or for the domestic law of landlord and tenant. As the minority of the House of Lords in Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465 observed . . it would be only in very exceptional cases that an applicant would succeed in raising an arguable case which would require a court to examine the issue; in the great majority of cases, an order for possession could continue to be made in summary proceedings.’
‘The loss of one’s home is the most extreme form of interference with the right for respect for the home. Any person at risk of an interference of this magnitude should in principle be able to have the proportionality of the measure determined by an independent tribunal in the light of the relevant principles under [article 8], notwithstanding that, under domestic law, his right of occupation has come to an end.’

4839/03, [2008] ECHR 978, [2008] BLGR 474, [2008] 20 EG 136, [2008] 2 FLR 899, [2008] Fam Law 729, [2008] 28 EG 114, [2009] L and TR 4, [2009] 1 FCR 390, [2008] HLR 40, [2008] 2 EGLR 45, (2008) 47 EHRR 40
Bailii
European Convention on Human Rights 8
Human Rights
Citing:
LimitedConnors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .

Cited by:
CitedNorris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
AppliedKay And Others v United Kingdom ECHR 21-Sep-2010
(Fourth Section) After carefully considering the various views expressed in the House of Lords in Kay v Lambeth [2006] 2 AC 465 and Doherty v Birmingham [2009] 1 AC 367, and the relevant decisions of the Court of Appeal, the EurCtHR stated, at paras . .
CitedManchester 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 . .
CitedLondon Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
CitedSims v Dacorum Borough Council CA 24-Jan-2013
Husband and wife had been joint tenants of the council. On the breakdown of the marriage, W gave notice to quit. H defended the council’s possession action, saying that it was an infringement of his human rights for him to lose his tenancy and home. . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Landlord and Tenant, Housing

Leading Case

Updated: 10 November 2021; Ref: scu.276732

London Borough of Hackney v Okoro: CA 27 May 2020

Coronavirus stay applies under appeal also

Proper construction of Practice Direction 51Z, ‘Stay of Possession Proceedings – Coronavirus’ (‘PD 51Z’) – whether the automatic stay imposed by PD 51Z applies to appeals from possession orders that were extant when the stay began, as much as to first instance possession claims themselves.
Held: ‘the words of paragraph 2 of PD 51Z are broad . . They stay ‘all proceedings for possession brought under CPR Part 55’. We have emphasised the word ‘brought’, because it focuses on how the proceedings were initiated. As a matter of ordinary language, we think that proceedings brought under CPR Part 55 are still ‘brought under CPR Part 55’, even when they are under appeal. ‘

Sir Geoffrey Vos, Chancellor of the High Court
[2020] EWCA Civ 681, [2020] WLR(D) 321, [2020] 4 WLR 85
Bailii, WLRD
Practice Direction 51Z
England and Wales

Litigation Practice, Housing

Updated: 10 November 2021; Ref: scu.651061

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 family members. The county court had been unwilling to allow any challenge to the council’s conclusions on the facts, and the Court of Appeal had restricted its role further.
Held: The tenant’s appeal succeeded as to the law, but the Court rejected the appeal on the facts.
Section 143D(2) should be read as allowing the court to exercise the powers which are necessary to consider and, where appropriate, to give effect to, any article 8 defence which the defendant raises in the possession proceedings.
The decisions of the ECHR conflicted with decisions of the House of Lords. Jurisprudence had already established that: 1) Any person at risk of being dispossessed of his home at the suit of a local authority should in principle have the right to raise the question of the proportionality of the measure, and to have it determined by an independent tribunal in the light of article 8, even if his right of occupation under domestic law has come to an end, and 2) A judicial procedure which is limited to addressing the proportionality of the measure through the medium of traditional judicial review (i e, one which does not permit the court to make its own assessment of the facts in an appropriate case) is inadequate as it is not appropriate for resolving sensitive factual issues, and 3) Where the measure includes proceedings involving more than one stage, it is the proceedings as a whole which must be considered in order to see if article 8 has been complied with, and 4) If the court concludes that it would be disproportionate to evict a person from his home notwithstanding the fact that he has no domestic right to remain there, it would be unlawful to evict him so long as the conclusion obtains.
Before making a demotion order, the court must consider for itself the factual basis for making such an order. Moreover, the court can only make such an order once it is satisfied (a) that the facts which it investigates and determines justify the order under section 82A(4)(a), and (b) that it is reasonable to make the order under section 82A(4)(b). After demotion, onceaccepted that it is open to a demoted tenant to seek judicial review of a landlord’s decision to bring and continue possession proceedings, then it inevitably follows that it is open to a tenant to challenge that decision on the ground that it would be disproportionate and therefore contrary to article 8. Furthermore, if the procedure laid down in section 143E or 143F has not been lawfully complied with, either because the express requirements of that section have not been observed or because the rules of natural justice have been infringed, the tenant should be able to raise that as a defence to a possession claim under section 143D(2).

Lord Phillips, President, Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Neuberger, Lord Collins
[2010] UKSC 45, UKSC 2009/0180, [2010] WLR (D) 278, [2011] HLR 7, [2011] 1 All ER 285, [2010] 3 WLR 1441, [2011] PTSR 61, [2010] BLGR 909, [2010] 45 EG 93, [2010] NPC 109
Bailii, SC Summary, SC, WLRD, Bailii Summary
Housing Act 1985 84, Housing Act 1996 143D(2), Anti-social Behaviour Act 2003, European Convention on Human Rights 8
England and Wales
Citing:
Appeal fromManchester City Council v Pinnock CA 31-Jul-2009
The court considered the status in law of ‘demoted tenants’, those who had been secure social housing tenants, but who had only limited security after being found to have behaved anti-socially. The tenant had been refused an opportunity by the . .
CitedWandsworth 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 . .
CitedLondon 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 . .
CitedKay And Others v United Kingdom ECHR 21-Sep-2010
(Fourth Section) After carefully considering the various views expressed in the House of Lords in Kay v Lambeth [2006] 2 AC 465 and Doherty v Birmingham [2009] 1 AC 367, and the relevant decisions of the Court of Appeal, the EurCtHR stated, at paras . .
CitedCosic v Croatia ECHR 15-Jan-2009
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian . .
CitedConnors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
CitedPaulic v Croatia ECHR 22-Oct-2009
The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction.
CitedZehentner v Austria ECHR 16-Jul-2009
ECHR The applicant’s apartment was subject to a judicial sale for non-payment of debt. She was ill, and did not participate in the sale. The local law had time limits for challenging a judicial sale, designed to . .
CitedBlecic 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 . .
CitedMcCann v The United Kingdom ECHR 9-Sep-2008
The local authority had determined Mr McCann’s right to remain in his home by obtaining from his wife a notice to quit, the effect of which (surrendering their joint tenancy) upon him she did not understand. He said that this interfered with his . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedKay 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 . .
CitedPyx 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 . .
Disapproved in partManchester 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 . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedSalford City Council v Mullen CA 30-Mar-2010
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that . .
CitedHorncastle and Others, Regina v SC 9-Dec-2009
Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the . .

Cited by:
See AlsoManchester 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 . . .
AppliedLondon Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
CitedGC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
CitedKennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
CitedAkerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Leading Case

Updated: 10 November 2021; Ref: scu.425744

Alam v London Borough of Tower Hamlets: Admn 23 Jan 2009

The claimant sought to challenge the defendant’s housing allocation policy. He said that as a homeless person he should have been given a reasonable preference for housing. The authority said he was not in priority need, and that the temporary accomodation provided in a guest house meant that he was no longer homeless.
Held: The claimant had not ceased to be homeless. The court rejected the authority’s submission that the assessment of homelessness was only part of an overall assessment of need. The statutory scheme required the authority once he had been found to be homeless, to give him priority. The assessments made by the authority arose only if it decided that he was not homeless.

Timothy Brennan QC
[2009] EWHC 44 (Admin)
Bailii
Housing Act 1996 167(1)
England and Wales
Citing:
CitedLin, (Regina on the Application of) v London Borough of Barnet CA 22-Feb-2007
The claimant challenged the authority’s housing policy which sought to implement national guidelines awarding points to housing applicants and allocating housing accordingly. He said it did not give adequate protection to the homeless.
Held: . .
CitedRaissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .

Cited by:
CitedBirmingham City Council v Ali and Others; Moran v Manchester City Council HL 1-Jul-2009
Homelessness Status Requires LA Action
The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for . .

Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 10 November 2021; Ref: scu.280137

Nemcova v Fairfield Rents Ltd: UTLC 6 Sep 2016

Holiday lets were in breach of covenant

UTLC LANDLORD AND TENANT – BREACH OF COVENANT – long residential lease – application under section 168(2), Commonhold and Leasehold Reform Act 2003 – covenant not to use premises for any purpose other than as a private residence – whether broken when tenant advertised and granted short-term lettings – appeal dismissed

[2016] UKUT 303 (LC)
Bailii
Commonhold and Leasehold Reform Act 2003 &168(2)
England and Wales
Citing:
Appeal fromFairfield Rents Limited v Nemcova (London) FTTPC 26-Aug-2015
Application Under Section 168, of The Commonhold and Leasehold Reform Act 2002 . .

Cited by:
CitedTriplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .

Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 10 November 2021; Ref: scu.569592

Loveridge v London Borough of Lambeth: SC 3 Dec 2014

The Council had granted a weekly secure tenancy of the premises to the appellant. The Court considered the calculation of damages awarded for an unlawful eviction of a residential tenant.
Held: Section 28(1)(a) requires the basis of the valuation to be that Mr Loveridge ‘continues’ following the eviction to have ‘the same right’ to occupy as he had prior to the eviction. The appeal was allowed and the judge’s order restored, though the court did suggest that Parliament might wish to revisit the legislation.

Lord Neuberger, President, Lord Wilson, Lord Sumption, Lord Carnwath, Lord Toulson
[2014] UKSC 65, [2014] 1 WLR 4516, UKSC 2013/0273
Bailii, SC, SC Summary, SC Video Summary
Housing Act 1988 28, Housing Act 1985 79
England and Wales
Citing:
Appeal fromLondon Borough of Lambeth v Loveridge CA 10-May-2013
The Council had been found to have unlawfully evicted the respondent, and now appealed against the calculation of statutory damages awarded. It said that the court should in its valuation have allowed for the propensity for a move from a secure . .
CitedRaja Vyricherla Narayana Gajapathiraju v Revenue Divisional Officer, Vizagapatam PC 23-Feb-1939
Land adjoining a harbour at Vizagapatam which at that time was malarial was to be valued for compulsory purchase. The land contained a spring of clean water. The only potential purchaser of the special adaptability of the land as a water supply was . .
CitedTagro v Cafane and Another CA 23-Jan-1991
The private landlord held premises under a lease from a local authority which prohibited sub-letting and assignment. He sub-let to the plaintiff and then unlawfully evicted her. He appealed against an award to her of statutory damages, submitting . .
CitedWandsworth London Borough Council v Osei-Bonsu CA 22-Oct-1998
Where one joint tenant had given notice and the landlord mistakenly excluded the other tenant, the husband, from possession, the landlord could not rely on the defence of ‘reasonable cause’. The tenant has the choice of possession or statutory . .
CitedAA v London Borough of Southwark QBD 14-Oct-2014
The claimant sought damages after, he said, being unlawfully evicted by the respondent.
Held: The authority had behaved unlawfully and officers had conspired to evict the claimant at any cost. . .

Lists of cited by and citing cases may be incomplete.

Housing, Damages

Leading Case

Updated: 10 November 2021; Ref: scu.539566

Bubb v London Borough of Wandsworth: CA 9 Nov 2011

The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision against her on review.
Held: Her appeal failed. The task of the county court judge was to see whether the review decision should be set aside on judicial review grounds. It was not his task to make the decision again for the officer. Though there had been an initial mistake, that mistake, once spotted had been corrected.
Lord Neuberger MR set out the salient points: ‘i) The cesser of an authority’s duty under section 193 pursuant to section 193(7) depends, inter alia, on the applicant having been sent appropriate notice as therein described;
ii) Where the applicant disputes the authority’s contention that the duty has ceased under the section, she must refer the issue for review under section 202(1)(b);
iii) So where, as here, the applicant says the duty has not ceased because she was not sent the appropriate notice, the review must consider and determine that issue;
iv) Any appeal to the County Court against the reviewer’s decision on the issue is limited to a point of law – see section 204(1);
v) Accordingly, there is no jurisdiction under the statutory scheme for the County Court to set itself up as a finder of the relevant primary facts for itself.’

Lord Neuberger MR, Jackson, Gross LJJ
[2011] EWCA Civ 1285, [2011] WLRD 323
Bailii
Housing Act 1996 204
England and Wales
Citing:
CitedMexfield Housing Co-Operative Ltd v Berrisford ChD 5-Oct-2009
The claimant appealed against refusal of a summary order for possession of the defendant tenant’s house for arrears of rent. The arrears arose through delay in payment of Housing Benefit, and all arrears had been cleared by the hearing of the . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedO’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 . .
CitedTomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
CitedRoyal Borough of Kensington and Chelsea v Danesh CA 5-Oct-2006
The tenant family appealed against a decision that the authority had no duty to rehouse them after they suffered violence. They had been living for a year in Swansea and on being granted indefinite leave to remain they were now eligible under Part . .
CitedRegina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .

Lists of cited by and citing cases may be incomplete.

Housing

Updated: 10 November 2021; Ref: scu.448294

Parker v Walker and Others: UTLC 26 Nov 2012

UTLC HOUSING – house in multiple occupation – rent repayment order in favour of occupiers – RPT ordering repayment of 100% of rent during relevant period – whether approach correct – held that it was not – relevant considerations – appeal allowed – Housing Act 2004 ss 73 and 74

[2012] UKUT 301 (LC)
Bailii
Housing Act 2004 73 74
England and Wales

Housing

Updated: 10 November 2021; Ref: scu.466663

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

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family life.
Held: Article 8 could not be invoked by an occupier of a residential property in support of his case against his landlord’s claim for possession, because domestic law had already taken into account, and balanced, the public interest in a public authority landlord obtaining possession and the tenant’s right to respect for his home.
The House considered apparent conflicts between its own jurisprudence in Qazi, and that of the European Court of Human Rights.
Leeds CC sought possession of land occupied by gypsies without plannng permission, and the occupiers said that their right to family life had been infringed. The council said its right to possession was absolute. The authority’s right to reclaim the land was absolute in accordance with domestic property law, save only that the occupier must be given opportunity to present any art 8 defence which it for the occupier to raise through court proceedings. The recreation ground had not become the appellants’ home within article 8.
Lord Bingham emphasised the importance and value of adhering to precedent in the interests of certainty and clarity. This meant that our domestic rules of precedent should apply, even in the Convention context.
In the second appeal, tenancies had been purported to be granted when the purported landlord was merely a licensee and did not have a sufficient legal interest to create a legal estate: ‘the courts below should have held the premises in question to be the homes of the respective appellants and should have held their eviction or proposed eviction to be an interference with their exercise of their right to respect for their homes within the meaning of article 8(2). Their defences should not have been struck out save on the basis that nothing sufficient was pleaded to support them. ‘
Lord Hope of Craighead: ‘a defence which does not challenge the law under which the possession order is sought as being incompatible with the article 8 but is based only on the occupier’s personal circumstances should be struck out.’ The reasoning in the Qazi case need not not be departed from to accommodate the European jurisprudence.

Lord Bingham of Cornhill, Lord Nicholls Of Birkenhead, Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood
[2006] UKHL 10, Times 10-Mar-2006, [2006] 2 WLR 570, [2006] 2 AC 465
Bailii
Homelessness Act 2002, Race Relations Act 1976;, European Convention on Human Rights 8
England and Wales
Citing:
CitedLondon 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 . .
Appeal fromKay, 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 . .
CitedConnors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
CitedS v United Kingdom ECHR 1986
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed . .
CitedRegina v Boyd, Hastie, Spear (Courts Martial Appeal Court), Regina v Saunby, Clarkson, English, Williams, Dodds, and others HL 18-Jul-2002
Corts Martial System Complant with Human Rights
The applicants were each convicted by courts martial of offences under civil law. They claimed that the courts martial were not independent tribunals because of the position of the president of the court, and that it was wrong to try a serviceman by . .
CitedBlecic 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 . .
Appeal fromPrice and others v Leeds City Council CA 16-Mar-2005
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
CitedUre v United Kingdom ECHR 27-Nov-1996
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the . .
CitedO’Rourke v United Kingdom ECHR 26-Jun-2001
The applicant was a sex offender who on release from prison had found temporary accommodation from which he had been evicted for pestering female residents. He ignored advice to go to a night shelter whilst a decision on permanent re-housing was . .
CitedMarzari v Italy ECHR 1999
The applicant suffered from metabolic myopathy and was 100 per cent disabled. He was allocated an apartment which he considered inadequate. He ceased paying rent for it, demanding that certain works be carried out to make it suitable for him to live . .
CitedBuckley v The United Kingdom ECHR 25-Sep-1996
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the . .
CitedRegina v Huntingdon District Council, Ex parte Cowan QBD 1984
The plaintiff sought judicial review of a refusal of a local authority to grant a liquor licence and a music and dancing licence. Review was sought despite a right of appeal to the Magistrates Court.
Held: If other means of redress are . .
CitedWandsworth 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 . .
CitedMcLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .
CitedPoplar Housing and Regeneration Community Association Ltd v Donoghue CA 27-Apr-2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority.
Held: Once the human rights issue was raised, . .
CitedMabey v United Kingdom ECHR 1996
A claimant must show a sufficient and continuing link with a place in order to establish that it is his home for purposes of article 8. . .
CitedBoddington 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 . .
CitedSmart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson CA 25-Jan-2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights . .
CitedMichalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
CitedLondon Street Tramways v London County Council HL 25-Apr-1898
House Decisions binding on Itself
The House laid down principles for the doctrine of precedent. When faced with the hypothesis that a case might have been decided in ignorance of the existence of some relevant statutory provision or in reliance on some statutory provision which was . .
CitedPractice Statement (Judicial Precedent) HL 1966
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those . .
CitedCassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
CitedMcPhail v Persons, Names Unknown CA 1973
The court was asked to make an order against persons unknown in order to recover land. Although an owner of land which was being occupied by squatters was entitled to take the remedy into his own hand, he was encouraged to go to a common law court . .
CitedParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
CitedGillow v The United Kingdom ECHR 24-Nov-1986
The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there.
Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not . .
CitedP v United Kingdom ECHR 12-Dec-1990
The applicants had been evicted, following the service of a notice to quit, from a caravan site where they had lived for many years. The respondent admitted that the eviction constituted an interference with the applicants’ right to respect for . .
CitedMellor v Watkins 1874
Allen held a yearly tenancy of premises subject to a yearly sub-tenancy of part. The sub-tenancy was afterwards acquired by the defendant. Allen surrendered his tenancy to the freeholder who re-let the premises to the plaintiff. Neither the tenancy . .
CitedPennell v Payne CA 1995
The operation of the break clause in a lease will (in the absence of provision to the contrary) have the effect of terminating not just the lease but also the underlease, and any inferior sub-tenancies. . .
CitedFitzleet Estates Ltd v Cherry HL 9-Nov-1977
Income tax – Schedule D, Cases III and VI – Payments of interest and ground rent incurred when property was being developed – Whether capitalised or paid out of profits or gains brought into charge to tax – Income Tax Act 1952 (15 and 16 Geo. 6 and . .
CitedJames Casey and others v Crawley Borough Council Admn 1-Mar-2006
The range of considerations which any public authority should take into account in deciding whether to invoke its powers can be very wide. . .
CitedDi 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 . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedLarkos 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 . .
CitedRegina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others QBD 3-Oct-1995
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had . .
CitedUre v United Kingdom ECHR 27-Nov-1996
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the . .

Cited by:
CitedPirabakaran v Patel and Another CA 26-May-2006
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply.
Held: The 1977 Act applied. A . .
CitedPirabakaran v Patel and Another CA 26-May-2006
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply.
Held: The 1977 Act applied. A . .
CitedC Plc and W v P and Secretary of State for the Home Office and the Attorney General ChD 26-May-2006
cplc_pChD2006
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful . .
CitedDesnousse 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 . .
CitedBoyland and Son Ltd v Rand and Others CA 20-Dec-2006
The defendant squatters sought leave to appeal an order for immediate possession.
Held: (As citeable authority) MacPhail remained good law despite the passing of the 1980 Act, and an order for immediate possession was correct. . .
CitedHuang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
CitedC Plc v P and Attorney General Intervening CA 22-May-2007
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the . .
CitedBuckley v Dalziel QBD 3-May-2007
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs . .
CitedYL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
CitedSandwell Metropolitan Borough Council v Hensley CA 1-Nov-2007
The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright . .
CitedMurray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
CitedBoyland and Son Ltd v Rand CA 20-Dec-2006
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave.
Held: The law had not changed, and section 89 could not be used to . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another QBD 29-Oct-2008
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) . .
CitedAli v Birmingham City Council CA 7-Nov-2008
The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 29-Oct-2008
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . .
CitedKnowsley 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: . .
CitedTruro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed . .
CitedPurdy, 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 . .
CitedMcGlynn v Welwyn Hatfield District Council CA 1-Apr-2009
The appellant was a non-secure tenant of the respondent. It had served a notice to quit and he now appealed against an order for possession on public law grounds.
Held: There had been a delay between the issue of the notice to quit and the . .
See AlsoKay and others v Lambeth SCCO 2-Jan-2007
. .
CitedPurdy, 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 . .
CitedCentral Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
CitedBarber v London Borough of Croydon CA 11-Feb-2010
The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council . .
CitedJoseph v Nettleton Road Housing Co-Operative Ltd CA 16-Mar-2010
The respondent was a mutual housing co-operative, and the claimant its tenant. The tenant kept a dog in the premises without the consent of the other tenants in breach of the terms of the lease. A notice to quit was served on him. His tenancy was . .
CitedSalford City Council v Mullen CA 30-Mar-2010
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that . .
MentionedValentines 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 . .
CitedCoombes, 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 . .
CitedHall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
CitedRegina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis Admn 16-Jul-2010
The claimants had each had biometric samples taken during police investigations, and now sought judicial review of the decision of the respondent not to remove those details from the Police National Computer, saying that in accordance with the . .
CitedManchester 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 . .
CitedLondon Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
CitedYoung, Regina (on The Application of) v Governor of Her Majesty’s Prison Highdown and Another Admn 6-Apr-2011
The claimant complained that he had not been considered for early release on Home Detention Curfew because the policy refused to allow those convicted of knife crimes to be so considered, and: ‘the failure to include other offences in the list of . .
CitedHowarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
howarth_cmpQBD2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
CitedManchester 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 . . .
CitedRobinson, Regina (on The Application of) v HMP Whatton and Another Admn 4-Dec-2013
Two prisoners serving sentences of imprisonment for public protection sought judicial review of arrangements meaning that they had not been given a timely opportunity to demonstrate to the Parole Board that they are safe to be released. Their . .
CitedKaiyam, Regina (on The Application of) v The Secretary of State for Justice CA 9-Dec-2013
The court was asked as to claims arising from the continued detention of the appellants following the expiry of the ‘minimum terms’ or ‘tariff periods’ of their indeterminate terms of imprisonment. The appellant prisoners said that the respondent’s . .
CitedHaney and Others, Regina (on The Application of) v The Secretary of State for Justice SC 10-Dec-2014
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had . .
CitedAkerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Housing, Local Government, Constitutional

Leading Case

Updated: 09 November 2021; Ref: scu.238921

Haile v London Borough of Waltham Forest: SC 20 May 2015

‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that ‘an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally’. In such a case, section 193(2) requires the authority to secure that accommodation is available for occupation by the applicant. In the present case, there is no doubt that the appellant is homeless, eligible for assistance and has a priority need. The question is whether the authority were entitled to be satisfied that she became homeless intentionally.’
Held: (Lord Carnwath dissenting) She was entitled to be treated as homeless. Once she gave birth she would have had to have left the hostel in any event. The intentionally homeless category was intended to apply to those seeking to jump the housing queue. The court was to ask, whether the claimant had done or failed to do something leading to the loss of accommodation which it would have been reasonable for him or her to continue to occupy and, if so, whether his current homelessness was caused by that intentional conduct. There had to be a continuing causal connection between that deliberate act and the homelessness existing at the date of the inquiry.

Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Carnwath
UKSC 2014/0185, [2016] 1 All ER 579, [2015] 1 AC 1471, [2015] UKSC 34, [2015] WLR(D) 234, [2015] HLR 24, [2015] PTSR 784, [2015] 2 WLR 1441
SC Video, Bailii, WLRD, Bailii Summary, SC, SC Summary
Housing Act 1996 193
England and Wales
Citing:
Appeal fromHaile v London Borough of Waltham Forest CA 13-Jun-2014
The claimant challenged the defendant’s decision that she was intentionally homeless. . .
CitedDyson v Kerrier District Council CA 1980
Miss Dyson gave up her flat in Huntingdon and went to live in Cornwall. But the only accommodation which she had arranged for herself was a three month winter let of a cottage in Helston. She knew that the tenancy was not protected and that she . .
CitedDin (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 . .
CitedRegina v Hillingdon London Borough Council Ex parte Puhlhofer HL 2-Jan-1986
Not Homeless Even if Accomodation Inadequate
The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s . .
CitedRegina v Hillingdon London Borough Council Ex parte Puhlhofer HL 2-Jan-1986
Not Homeless Even if Accomodation Inadequate
The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s . .
CitedRegina v Hillingdon London Borough Council, Ex parte Tinn 1988
. .
CitedRegina (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 . .
CitedRegina v London Borough of Camden ex parte Aranda CA 21-Mar-1997
The applicant and her husband surrendered their tenancy of a house in Camden and moved to Colombia, where they obtained accommodation. On arrival in Colombia, the applicant was deserted by her husband. With no prospect of employment in Colombia, and . .
CitedBirmingham City Council v Ali and Others; Moran v Manchester City Council HL 1-Jul-2009
Homelessness Status Requires LA Action
The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for . .
CitedZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
CitedRegina v Basingstoke and Deane Borough Council, Ex parte Bassett 1983
The housing applicant had given up the tenancy of a house in Basingstoke when she and her husband decided to emigrate to Canada. They moved to Canada, but their application to stay permanently was refused, and they had to return to England, where . .
CitedRegina v London Borough of Hammersmith, ex parte P QBD 1989
The applicants were members of six homeless families who had occupied accommodation in Northern Ireland. The council concluded that members of each household except one had been guilty of criminal and anti-social behaviour, as a result of which the . .
CitedRegina v London Borough of Harrow ex parte Fahia 1996
After deliberately losing her tenancy, the authority had provided the appliant with temporary accomodation in a guest house, but after her housing benefits were halved she lost that accomodation also.
Held: The authority had a duty to house . .
CitedRegina v Harrow London Borough Council Ex Parte Fahia HL 16-Sep-1998
The local authority submitted first that a person making a second application for emergency housing had to demonstrate a change of circumstance which might lead to a second application being successful and second that it was for the local authority . .
CitedRegina v London Borough of Harrow ex parte Fahia CA 7-Mar-1997
The applicant had been found to have deliberately procured her own eviction from her tenanted accommodation in Harrow. She was given temporary accommodation in a guest house, where she stayed for over a year. Her housing benefit was then reduced by . .
CitedRegina v Hackney London Borough Council, Ex parte Ajayi 1997
Ms A had left settled accommodation in Nigeria to come to the United Kingdom, where she lived in overcrowded short-term accommodation. She was given notice to leave after she became pregnant. She challenged the authority’s decision that she had . .
CitedStewart v London Borough of Lambeth CA 26-Apr-2002
The local authority said that the claimant, having been sentenced to a term of five years imprisonment for drugs offences, had made himself intentionally homeless within the section. While in prison, he was evicted from the flat for non-payment of . .

Lists of cited by and citing cases may be incomplete.

Housing

Leading Case

Updated: 09 November 2021; Ref: scu.546913

Islington v Uckac and Another: CA 30 Mar 2006

The council’s tenant had unlawfully secured assignment of a secure tenancy to the defendant. The council sought possession.
Held: A secure tenancy granted by an authority pursuant to a misrepresentation by the tenant is nonetheless valid. The statutory list of grounds for recovering possession was explicit and exhaustive. The present basis of claim was not included, and the council could not recover possession. If the situation was to be remedied, that would be for Parliament. The judge had relied upon Solle v Butcher but that case had been overruled. Coke said ‘It is a maxim in the common law, that a statute made in the affirmative, without any negative expressed or implied, does not take away the common law’, but the combined effect of sections 82 and 84 was just such a negative enactment.

Lord Justice Dyson, Lord Justice Mummery The Right Honourable Sir Charles Mantell
[2006] EWCA Civ 340, Times 19-Apr-2006, [2006] 1 WLR 1303
Bailii
Housing Act 1985 882
England and Wales
Citing:
CitedKillick v Roberts CA 1991
The landlord claimed that the tenancy had expired by effluxion of time. The tenant alleged that the tenancy was a protected tenancy and that, since no written notice had been served on him pursuant to Case 13, he was a statutory tenant entitled to . .
Not followedSolle v Butcher CA 1949
Fundamental Mistake Needed to Allow Rescission
The court set out the circumstances in which the equitable remedy of rescission of a contract is available for mutual mistake. The mistake has to be as to some fundamental element of the contract. What is ‘fundamental’ is a wider category of event . .
CitedGreat Peace Shipping Ltd v Tsavliris (International) Ltd CA 14-Oct-2002
The parties contracted for the hire of a ship. They were each under a mistaken impression as to its position, and a penalty became payable. The hirer claimed that the equitable doctrine of mutual mistake should forgive him liability.
Held: . .
CitedNutt and Another v Read and Another CA 3-Nov-1999
The parties had contracted for the letting of land and transfer as in personam of a chalet erected upon it. The parties having completed the deals could not then agree what was to have been paid.
Held: The first agreement was void for common . .
mentionedBell v Lever Brothers Ltd HL 15-Dec-1931
Bell was director and chairman of Niger, a subsidiary of Lever Brothers Ltd who dismissed him, offering and paying andpound;30,000 compensation. Lever then discovered that Mr Bell had made secret profits at the expense of Niger for which he could . .
CitedKay, 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 . .

Cited by:
CitedBirmingham City Council v Qasim and Others CA 20-Oct-2009
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the . .

Lists of cited by and citing cases may be incomplete.

Housing

Leading Case

Updated: 09 November 2021; Ref: scu.239750

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 the intent of the legislation. Social changes now mean that larger numbers of people live alone, and many people will not cook. A room without cooking facilities, and with shared bathroom facilities, may be a separate dwelling. A ‘dwelling’ under the section was a place where a person lived, and which he treated as his home. The place in question is that where a person ‘lives and to which he returns and which forms the centre of his existence’, since ‘home’ is not a legal term of art and article 8 is not directed to the protection of property interests or contractual rights.
Lord Irvine of Lairg LC said: ”Dwelling’ is not a term of art, but a familiar word in the English language, which in my judgment in this context connotes a place where one lives, regarding and treating it as home.’
Lord Millett said: ‘In both ordinary and literary usage, residential accommodation is ‘a dwelling’ if it is the occupier’s home . . But his home is not the less his home because he does not cook there but prefers to eat out or bring in ready-cooked meals.’

Lord Irvine of Lairg LC, Lord Bingham of Cornhill Lord Steyn Lord Hobhouse of Wood-borough Lord Millett
Times 18-Oct-2001, Gazette 25-Oct-2001, [2001] UKHL 43, [2002] 1 AC 301, [2002] 1 All ER 46, [2001] 3 WLR 806, [2001] All ER (D) 154, [2002] RVR 162, [2002] L and TR 15, [2002] 1 P and CR DG15, [2001] 3 EGLR 93, [2001] Hous LR 133
House of Lords, Bailii
Housing Act 1988 1, European Convention on Human Rights 8
England and Wales
Citing:
ExplainedParkins 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 . .
CitedCurl v Angelo CA 1948
Two rooms were let to the proprietor of an adjoining hotel as additional accommodation for the hotel. They were used mainly for guests but occasionally for the hotel tenant’s family or staff. One such claimed security of tenure.
Held: The . .
CitedWestminster 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 . .
CitedMonks v Dykes 1839
The defendant pleaded in answer to a charge of assault that he was being disturbed in his possession of land.
Held: It was not suficient to sustan the plea by proof that the defendant was a lodger occupying only one room in a house of which . .
Appeal fromUratemp Ventures Ltd v Collins, Same v Carell CA 10-Dec-1999
The presence of cooking facilities is an essential element in deciding whether premises could constitute a dwelling. Accordingly, a room in a hotel without such facilities could not be subject to an assured tenancy. A room with cooking facilities . .
CitedCole v Harris 1945
The court was aksed whether a single room was let as a separate dwelling.
Held: Sharing of the use of a bathroom or toilet need not prevent a tenancy being protected. . .
CitedMarsh Ltd v Cooper 1969
Whether premises were let as a separate dwelling. . .
CitedNeale v Del Soto CA 1945
A letting of two of a number of rooms in a property together with joint use with the landlord of the kitchen, bathroom, lavatory and conservatory was not a letting of the two rooms as a separate dwelling, but a sharing of the property. The letting . .
CitedWinters v Dance 1949
Whether a single room in house had been let as a separate dwelling. . .
CitedGoodrich v Paisner HL 1956
By a tenancy agreement, the landlord of a dwelling house let to the tenant, on a weekly tenancy, four unfurnished rooms on the first floor of the house together with the use in common with the landlord of the back bedroom on the first floor and the . .
CitedBaker v Turner HL 1950
The House set out the conditions for deciding whether rooms within a house were let as a separate dwelling. The time at which it has to be judged whether premises are entitled to protection is when the action is brought.
Lord Porter said that: . .
CitedHayward v Marshall 1952
Whether rooms were let as a separate dwelling. . .

Cited by:
CitedLondon 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 . .
CitedDesnousse 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 . .
CitedSharif v The London Borough of Camden SC 20-Feb-2013
The council appealed against a decision that having found Ms Sharif to be homeless, they had a duty also to house her sick father and sister as family members in one accomodation unit.
Held: The Council’s appeal succeeded (Lord Kerr . .
CitedZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
CitedTriplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .

Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant, Human Rights

Leading Case

Updated: 09 November 2021; Ref: scu.166566

Telchadder v Wickland Holdings Ltd: SC 5 Nov 2014

Old breaches did not support possession order

The mobile home tenant was said to have paraded on the caravan park in combat style clothing, and disguising his face, causing fear among the other tenants. He now appealed against confirmation of the order for possession. He said that there had been an interval of almost three years between the notice of his breach and a further action.
Held: The answer to the question of whether the breach was capable of remedy was to be found by a practical inquiry whether and if so how (to adapt the words of Staughton LJ in the Savva case) the mischief resulting from Mr Telchadder’s breach could be redressed. His actual behaviour was not of sufficient gravity to support the order for possession. The landlords were not able to rely upon what was by then a three year old notice.

Lady Hale, Lord Wilson, Lord Reed, Lord Carnwath, Lord Toulson
[2014] UKSC 57, [2014] 1 WLR 4004, [2014] WLR(D) 469, UKSC 2013/0054, [2015] 1 All ER 855, [2015] HLR 4
Bailii, Bailii Summary, WLRD, SC, SC Summary
Mobile Homes Act 1983
England and Wales
Citing:
At CATelchadder v Wickland (Holdings) Ltd CA 16-May-2012
The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded . .
CitedRugby School (Governors) v Tannahill CA 1935
The tenant had been convicted of permitting the premises in Great Ormond Street to be used for habitual prostitution. The landlord served a notice under section 146 which did not provide for the possibility of the breach being remedied. The evidence . .
CitedHoffman v Fineberg 1949
The court rejected an argument in the context of an application for the forfeiture of a lease, that a painting in the sixth year of a lease could not remedy a failure to repaint in the fifth year. . .
CitedF L Schuler AG v Wickman Machine Tools Sales Limited HL 4-Apr-1973
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship.
Held: The court can not take into account the post-contractual conduct or . .
CitedExpert Clothing Service and Sales Ltd v Hillgate House Ltd and Another CA 2-Apr-1985
The defendant tenant appealed from refusal of relief from forfeiture. At the trial it was conceded that there had been breaches of covenant by the defendant company consisting of the failure to reconstruct the premises by a stated date, and to give . .
CitedSavva and Another v Houssein CA 24-Apr-1996
The tenant had broken a negative covenant against making alterations, namely not to change the exterior sign and not to alter the premises without consent. The landlord sought to forfeit the lease.
Held: The breach of the covenant was . .
CitedAkici v LR Butlin Ltd CA 2-Nov-2005
The tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. . .

Cited by:
CitedBritaniacrest Ltd v Bamborough and Another UTLC 18-Apr-2016
UTLC PARK HOMES – PITCH FEE REVIEW – administration charges in connection with provision of gas and electricity – park owner’s decision not to recover by separate contractual charge – whether pitch fee may be . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Leading Case

Updated: 09 November 2021; Ref: scu.538297

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 accomodation, and one of residential. The parties disputed whether, in counting the number of storeys in the building, the basement and attic were to be included.
Held: The application was dismissed. In all respects other than business premises the search was for storeys comprised within the HMO itself, rather than the building in which it was located; it was the HMO which was in issue, and not the building itself, and ‘It is the HMO that must comprise the three storeys and not the building in which an HMO happens to be found.’
The court should ‘strive to avoid a construction which penalises a person where the legislator’s intention to do is doubtful, or penalises him or her in a way which was not made clear’.

Blake J
[2013] EWHC 508 (Admin)
Bailii
Housing Act 2004
England and Wales
Cited by:
CitedBristol City Council v Digs (Bristol) Ltd Admn 27-Mar-2014
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 . .

Lists of cited by and citing cases may be incomplete.

Housing

Updated: 09 November 2021; Ref: scu.471962

Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010

The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that she had not received a letter informing her of the consequences of not accepting an offer of accomodation.
Held: The appeal was dismissed. The case of Runa Begum had not decided whether a statutory right to a benefit was a civil right. Lord Hope said that a case where the award of services or benefits in kind is not an individual right of which the applicant can consider himself the holder, but is dependent upon a series of evaluative judgments by the provider as to whether the statutory criteria are satisfied and how the need for it ought to be met, do not engage article 6(1).

Lord Hope, Deputy President, Lady Hale, Lord Brown, Lord Collins, Lord Kerr
[2010] UKSC 8, UKSC 2009/0050, Times 19-Feb-2010, [2010] 2 WLR 471, [2010] HRLR 18, [2010] 2 All ER 175, [2010] HLR 22, [2010] UKHRR 417, [2010] PTSR 524, [2010] 2 AC 39, [2010] LGR 401
Bailii, SC Summ, SC, Bailii Summary
Housing Act 1996 193, European Convention on Human Rights 6, Homelessness Act 2002
England and Wales
Citing:
CitedFeldbrugge v The Netherlands ECHR 29-May-1986
The court was asked whether the applicant’s entitlement to a statutory sickness allowance, which was a contributory scheme but for which she had not registered due to illness, was a civil right within the meaning of article 6.
Held: The . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedAli v Birmingham City Council CA 14-Oct-2009
The tenant sought accomodation. The council offered him some but he refused it. The council wrote to explain the effect of a refusal. He now complained that since he could not speak English, the Council had not correctly informed him of the . .
CitedSalesi v Italy ECHR 26-Feb-1993
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
CitedMennitto v Italy ECHR 5-Oct-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings . .
CitedTeteriny v Russia ECHR 30-Jun-2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Inadmissible as regards second applicant; Non-pecuniary damage – financial award. . .
CitedNagovitsyn v Russia ECHR 24-Jan-2008
. .
CitedStec 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 . .
CitedDeumeland v Germany ECHR 29-May-1986
Although the Constitutional Court had no jurisdiction to rule on the merits of the dispute, its decision was ‘capable of affecting the outcome of the claim’.
The court considered a widow’s supplementary pension arising from her husband’s death . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedWoonbron Volkshuisvestingsgroep v The Netherlands ECHR 18-Jun-2002
Decisions about state subsidies to housing associations do not raise issues about civil rights. . .
CitedAssociazione Nazionale Reduci Dalla Prigionia Dall’Internamento E Dalla Guerra Di Liberazione v Germany ECHR 4-Sep-2007
The applicants complained that they had claims for compensation for forced labour under German civil law prior to the coming into force in August 2000 of a law, referred to as the Foundation Law, which excluded claims going beyond the benefits . .
CitedLoiseau v France ECHR 28-Sep-2004
ECHR Judgment (Merits) – No violation of Art. 6-1.
The court referred to ‘a ‘private right’ which can be said, at least on arguable grounds, to be recognised under domestic law’ and to ‘an individual right . .
CitedCrompton v The United Kingdom ECHR 27-Oct-2009
The applicant had joined the Territorial Army as a pay and accounts clerk but was made redundant. He claimed redress in respect of his redundancy from his Commanding Officer. There then followed a prolonged series of proceedings which took eleven . .
CitedTsfayo v The United Kingdom ECHR 14-Nov-2006
The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate.
Held: The system did not . .
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
CitedThe Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
CitedSchuler-Zgraggen v Switzerland ECHR 24-Jun-1993
The court considered a contributory invalidity scheme: ‘today the general rule is that Article 6(1) does apply in the field of social insurance, including even welfare assistance . . State intervention is not sufficient to establish that Article . .
See AlsoAli v Birmingham City Council CA 7-Nov-2008
The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether . .

Cited by:
CitedBubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
CitedLukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
CitedBourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC 29-Jul-2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
See AlsoFazia Ali v The United Kingdom ECHR 20-Oct-2015
The Court considered the duties imposed on housing authorities under Part VII of the 1996 Act.
Held: Article 6.1 did apply, but in any event the procedure applied under the Act conformed to its requirements. . .
CitedPoshteh v Royal Borough of Kensington and Chelsea SC 10-May-2017
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 09 November 2021; Ref: scu.401616

Pieretti v London Borough of Enfield: CA 12 Oct 2010

The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation of policy, (2) Part VII provided a complete and self contained scheme for the discharge of functions which itself addressed the needs of the disabled, and (3) the duty only became relevant at the stage at which the housing authority was considering the provision of housing.
Held: Each argument failed. Section 49A applied to the exercise of all the authority’s functions under Part VII including assessment and review, and only imposed a generalised duty as regards the formulation of policy rather than a duty to be implemented in relation to action taken or to be taken by a public authority in particular cases. The reviewing officer was in breach of the duty owed because she had failed ‘to take due steps to take account of a disability on the part of the applicant’.

Mummery, Longmore, Wilson LJJ
[2010] EWCA Civ 1104, [2010] PTSR 565, [2010] NPC 98, (2010) 13 CCL Rep 650, [2010] BLGR 944, [2011] HLR 3
Bailii
Disability Discrimination Act 1995 49A(1), Housing Act 1996
England and Wales
Cited by:
CitedCastle and Others v Commissioner of Police for The Metropolis Admn 8-Sep-2011
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children . .
CitedHotak 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 . .
CitedJewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Housing

Updated: 09 November 2021; Ref: scu.424980

Z and Another, Regina (on The Application of) v Hackney London Borough Council and Another: SC 16 Oct 2020

Housing Orthodox Jewish Only not Discriminatory

Hackney had statutory housing functions as to allocating social housing. It also nominated applicants to properties owned by housing associations, including AIHA, which only accepted for such nominations households belonging to the Orthodox Jewish community. Hackney identified the First Appellant (Z), who is not a member of the Orthodox Jewish community, as having the highest level of housing need in the borough due to the vulnerability of her children (one of whom, RS, is the Second Appellant). Hackney agreed to make Z a ‘direct offer’ of the next available and suitable unit of permanent social housing. However, suitable housing was not provided until February 2019. Between October 2017 and February 2019, AIHA allocated various properties to members of the Orthodox Jewish community. The Appellants did not apply for, and Hackney did not nominate them for, any of those properties because of AIHA’s policy of only letting to Orthodox Jewish households.
The Appellants challenged AIHA’s allocation policy and Hackney’s allocation arrangements with AIHA by judicial review. The Divisional Court refused the application and the Court of Appeal dismissed the appeal. The Court was now asked whether the Housing Charity acted unlawfully or not in restricting access to its stock of social housing.
Held: Section 158 and 193 allowed certain limited exemption to the general prohibition of discrimination for protected characteristics. The actions of the Housing Association, and therefore the Council fell within those exemptions.

Lord Reed, President, Lord Kerr, Lady Arden, Lord Kitchin, Lord Sales
[2020] UKSC 40
Bailii, Bailii Press Summary, Bailii Issues and Facts
Equality Act 2010 158 193, Council Directive 2000/43/EC, Charter of Fundamental Rights of the European Union
England and Wales
Citing:
CitedMarleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Appeal from (CA)Z and Another, Regina (on The Application of) v London Borough of Hackney and Another CA 27-Jun-2019
A charitable institution was set up to provide and did provide housing assistance to members of the Orthodox Jewish Community. The court was now asked whether this discrimination was lawful. . .
At First Instance (Admn)Z and Others, Regina (on The Application of) v Hackney London Borough Council and Another Admn 4-Feb-2019
The claim challenges the arrangements made by AIHA for the allocation of social housing properties owned or controlled by AIHA, which in present circumstances in effect preclude any persons who are not members of the Orthodox Jewish community from . .
CitedE, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .

Lists of cited by and citing cases may be incomplete.

Housing, Discrimination, Charity, European

Leading Case

Updated: 09 November 2021; Ref: scu.654666

Solihull Metropolitan Borough Council v Hickin: SC 25 Jul 2012

The claimant’s parents were secure joint tenants. After her father left, the mother later died. The respondent served a notice on the father terminating the tenancy since as the survivor and not resident, he was not entitled to continue the tenancy. The claimant sought to succeed to the tenancy. The Court of Appeal allowed the claimant’s appeal against an order for possession. The Council itself now appealed.
Held: The appeal failed (Lord Mance and Lord Clarke dissenting). The statutory rules under the 1985 Act were erected on the background of common law. A secure tenancy is not merely a creature of the 1985 Act, but an estate in land. Therefore on the death of the first co-tenant the survivor continues with the tenancy. There has been no transmission.

Lord Hope, Deputy President, Lord Walker, Lord Mance , Lord Clarke, Lord Sumption
[2012] UKSC 39, UKSC 2010/0239, [2012] WLR(D) 224, [2012] 1 WLR 2295, [2012] HLR 40, [2012] 2 PandCR 16, [2012] 4 All ER 867
Bailii, Bailii Summary, SC Summary, SC
Housing Act 1985 87 88 89 90 91 113
England and Wales
Citing:
Appeal fromYerrakalva v Barnsley Metropolitan Borough Council and Another EAT 8-Dec-2010
EAT PRACTICE AND PROCEDURE – Costs
Discrimination claim withdrawn – Judge awards Rs 100% of their costs, not on the basis that the claim had been misconceived or unreasonably pursued from the start but . .
CitedCunningham-Reid v Public Trustee CA 1944
At common law, upon the death of a joint tenant, the tenancy is vested in the survivor, or jointly in the survivors if there is more than one.
Luxmoore LJ said: ‘In the present case there is no evidence of what the bargain between the . .
CitedBurton v London Borough of Camden HL 27-Jan-2000
One tenant left the other in a flat subject to a protected secure tenancy. The legislation prohibited assignment of such tenancies. In order to support an application by the remaining tenant the departing tenant executed a deed purporting to release . .
CitedBirmingham City Council v Walker HL 16-May-2007
The tenant was the son of the former tenant. The tenancy had originally been in the ownership of his father and his mother. The father died in 1969, when the tenancy not yet a secure tenancy. On the mother’s death, the council argued that the first . .

Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 09 November 2021; Ref: scu.463146

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

The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of incompatibility in respect of section 3 of the 1977 Act, saying that it disallowed any consideration of his personal circumstances.
Held: The declaration could not be made. Section 3 of the 1977 Act only acted to prevent possession being given without a court order. The need to go to court cannot be incompatible with Article 8.
As to the way the court rules applied, there was some conflict between the ECHR jurisdiction and the decisions of the House of Lords in Kay and Docherty that the availability of gateways (a) (cases beyond the boundary of democratic solutions to the problems of allocating scarce public housing) and (b) (which enables personal circumstances to matter but only through a review of the decision-making of the council property owner) to challenge possession proceedings is sufficient to render them compatible with Article 8. The latter decisions were binding on this court.

Cranston J
[2010] EWHC 666 (Admin), [2010] 2 All ER 940, [2010] 11 EG 120, [2010] BLGR 514
Bailii, Times
Protection from Eviction Act 1977 3, European Convention on Human Rights 8
England and Wales
Citing:
CitedWandsworth 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 . .
CitedPoplar Housing and Regeneration Community Association Ltd v Donoghue CA 27-Apr-2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority.
Held: Once the human rights issue was raised, . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedKay 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 . .
CitedConnors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
CitedLondon 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 . .
CitedHammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
CitedMichalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
CitedRegina (Gangera) v London Borough of Hounslow Admn 2003
The claimant challenged the Act as being an unlawful discrimination.
Held: The 1985 Act in allowing only one succession to a secure tenancy found a proper balance between the needs of the tenant’s family and the duty of a local housing . .
CitedBradney, Birmingham City Council v Birmingham City Council, McCann CA 9-Dec-2003
Birmingham Council had granted H and W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the . .
CitedMcCann v The United Kingdom ECHR 13-May-2008
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a . .
CitedPaulic v Croatia ECHR 22-Oct-2009
The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction.
CitedDonegan v Dublin City Council and Others 8-May-2008
(High Court of Ireland) The council had sought possession of its tenant. The agreement contained a clause allowing the council to terminate on four-weeks’ notice. It said the tenant’s son misused drugs. Section 62 of the Housing Act 1966 established . .
CitedDublin City Council v Gallagher 11-Nov-2008
(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The . .
CitedZehentner v Austria ECHR 16-Jul-2009
ECHR The applicant’s apartment was subject to a judicial sale for non-payment of debt. She was ill, and did not participate in the sale. The local law had time limits for challenging a judicial sale, designed to . .
CitedCosic v Croatia ECHR 15-Jan-2009
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Updated: 09 November 2021; Ref: scu.408625

Siddiqui v Rashid: CA 1980

Reasonableness of Alternate Accomodation

The landlord sought possession of a property subject to a protected tenancy. He offered accomodation in Luton. The property was in London, but the tenant worked in Luton. The tenant said that living in London kept him close to friends, the mosque and his cultural interests.
Held: When allowing for the tenant’s character in considering the reasonableness of proposed suitable alternative accomodation, the court need not allow for the society of the tenant’s friends or for his cultural interests, for example his mosque, but should allow for loss of amenities as regards the property itself.

[1980] 1 All ER 184, [1980] 1 WLR 1018, [1980] 124 Sol Jo 464, [1980] 40 PandCR 504
Rent Act 1977
England and Wales
Citing:
DistinguishedRedspring v Francis CA 1973
The landlord sought possession of the protected tenancy, offering what he described as suitable alternative accomodation. The tenant was an elderly lady who had lived in the property on a quiet residential street for 30 years.
Held: Possession . .

Lists of cited by and citing cases may be incomplete.

Housing

Leading Case

Updated: 09 November 2021; Ref: scu.246038

Nottingham City Council v Dominic Parr Trevor Parr Associates Ltd: UTLC 9 Feb 2016

UTLC HOUSING – HOUSE IN MULTIPLE OCCUPATION – licence conditions – whether conditions restricting use of under-sized bedroom to student or other person living as part of a group may lawfully be imposed – s.67, Housing Act 2004 – appeals dismissed

[2016] UKUT 71 (LC)
Bailii
Housing Act 2004 67
England and Wales

Housing

Updated: 09 November 2021; Ref: scu.560313

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: This was a tenancy not a licence. Generally speaking, exclusive possession for a fixed or periodic term at a stated rent creates a tenancy. It was for the parties to set out the terms of their agreement, but for the court to evaluate the legal effect. Three categories of case might negative the creation of a tenancy: the absence of an intention to create legal relations; some additional independent relationship which can give an alternate explanation; or the absence of a power to create a tenancy.
Lord Templeman said: ‘My Lords, Mr. Street enjoyed freedom to offer Mrs. Mountford the right to occupy rooms in the agreement on such lawful terms as Mr. Street pleased. Mrs. Mountford enjoyed freedom to contract or not to contract and both parties exercised that freedom by contracting on the terms set forth in the written agreement and on no other terms. But the consequences in law of the agreement, once concluded, can only be determined by consideration of the effect of the agreement. If the agreement satisfied all the requirements of a tenancy, then the agreement produced a tenancy and the parties cannot alter the effect of the agreement by insisting they only created a licence. The manufacture of a five pronged implement for manual digging results in a fork even if the manufacturer, unfamiliar with the English language, insists that he intended to make and has made a spade.’
He continued: ‘The tenant possessing exclusive possession is able to exercise the rights of an owner of land, which is in the real sense his land albeit temporarily and subject to certain restrictions. A tenant armed with exclusive possession can keep out strangers and keep out the landlord unless the landlord is exercising limited rights reserved to him by the tenancy agreement to enter and view and repair’
‘My Lords, the only intention which is relevant is the intention demonstrated by the agreement to grant exclusive possession for a term at a rent. Sometimes it may be difficult to discover whether, on the true construction of an agreement, exclusive possession is conferred. Sometimes it may appear from the surrounding circumstances that there was no intention to create legal relationships. Sometimes it may appear from the surrounding circumstances that the right to exclusive possession is referrable to a legal relationship other than a tenancy. Legal relationships to which the grant of exclusive possession might be referable and which would or might negative the grant of an estate or interest in the land include occupancy under a contract for the sale of the land, occupancy pursuant to a contract of employment or occupancy referable to the holding of an office. But where as in the present case the only circumstances are that residential accommodation is offered and accepted with exclusive possession for a term at a rent, the result is a tenancy.’

Lord Templeman, Lord Scarman, Lord Keith of Kinkel, Lord Bridge of Harwich, Lord Brightman
[1985] 1 EGLR 128, [1985] 2 All ER 289, [1985] 2 WLR 877, [1985] AC 809, [1985] UKHL 4
Bailii
England and Wales
Citing:
Appeal fromStreet v Mountford CA 1985
An occupier who has been granted exclusive possession, may nevertheless be a licensee if, in the agreement: ‘there is mentioned the clear intention of both parties that the rights granted are to be merely those of of a personal right of occupation . .
CitedGlenwood Lumber Co Ltd v Phillips PC 1904
The Crown had granted licenses to cut timber from an area over a period of years.
Held: It was well established that possession is good as against a wrong doer, who may not set up as a defence a jus tertii unless his claim is derived from that . .
CitedAllan 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 . .
CitedErrington 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 . .
ApprovedRadaich 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 by:
ConsideredPW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants) ChD 8-Aug-2003
The parties, head lessor and sub-lessess, had assumed that following Brown -v- Wilson the sub-lease would continue upon the determination of the head lease, and had overlooked Pennell which overruled Brown v Wilson. However the lease made express . .
CitedAgnew and Kevin James Bearsley v The Commissioner of Inland Revenue, and Official Assignee for the Estate In Bankruptcy of Bruce William Birtwhistle and Mark Leslie Birtwhistle PC 5-Jun-2001
(New Zealand) A charge had been given by a company over its book debts. The charge was expressed to create a fixed charge over debts uncollected when a receiver was appointed, so that on collection they became payable to the bank. Until the receiver . .
CitedNational Westminster Bank Plc v Spectrum Plus Ltd and others ChD 15-Jan-2004
The company granted a debenture to the claimant purporting to secure its book debts. The company went into liquidation. The liquidator challenged the bank’s charge.
Held: Siebe was wrongly decided. The charge was ineffective over the book . .
CitedBrennan 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 . .
CitedHunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
CitedBruton 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 . .
AppliedFamily Association v Jones CA 1990
The association as licensee of a local authority granted what was described as a licence to the defendant to occupy premises on a temporary basis. They sought possession.
Held: A tenancy had been granted. As to the argument that there were . .
CitedNational Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd CA 18-Oct-2001
The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s . .
CitedMoore and others v Care Standards Tribunal and Another CA 24-May-2005
The claimants were residents of care homes. The homes were owned by charitable companies providing housing and support for persons with mental disorders. The company’s had altered the agreements so that the claimants became assured tenants. The . .
CitedLondon Borough of Newham v Hawkins and others CA 22-Apr-2005
The landlord had obtained a possession order, but the tenant continued in occupation as a tolerated trespasser, claiming entitlement as successors in title. Rent arrears had accrued, but even if the tenant had paid thenm the council would have . .
CitedLondon Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become . .
CitedClear Channel UK Ltd v Manchester City Council CA 9-Nov-2005
The claimant sought a declaration that it occupied land on which it had erected advertising hoardings under a tenancy rather than as licensee.
Held: The draft agreement which had been proposed and acted upon with legal advice contradicted any . .
CitedAli v Khosla and Khosla and others IHCS 16-May-2003
. .
CitedHarmon CFEM Facades (UK) Ltd v The Corporate Officer of the House of Commons TCC 29-Jun-2000
The company began a claim for damages for the failure to complete an award of a contract, but then went into voluntary liquidation. The defendant refused payment claiming that it would be used only for payment of the insolvency practitioner’s costs. . .
CitedBruton v London and Quadrant Housing Trust CA 31-Jul-1997
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. . .
CitedWilliam Watson Stirling v Leadenhall Residential 2 Ltd CA 29-Jun-2001
Held. A tenant who continued to stay in property after a possession order was granted, but who paid a sum equivalent to rent as it fell due, and something off the arrears, did not necessarily thereby become a tenant again, but could be viewed as a . .
CitedBruton v London and Quadrant Housing Trust CA 3-Dec-1996
. .
CitedGray 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 . .
CitedMattey Securities Limited v Ervin, Sutton, Mitchell CA 3-Apr-1998
After the insolvency of an assignee of a lease, the landlord talked with possible new tenants, and the original lessee now said that the landlord had impliedly accepted a surrender of the original lease, thus releasing him from continuing liability. . .
CitedBankway Properties Ltd v Penfold-Dunsford and Another CA 24-Apr-2001
A grant of an assured tenancy included a clause under which the rent would be increased from pounds 4,680, to pounds 25,000 per year. It was expected that the tenant would be reliant upon Housing Benefit to pay the rent, and that Housing Benefit . .
CitedPankhania v The London Borough of Hackney ChD 2002
A brochure listing properties to be sold at auction decribed the property as being subject to a terminable licence. In fact it was a secure tenancy. The question arose as to whether a misrepresentation of law could found a cause of action.
CitedClear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another Admn 14-Oct-2004
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted.
Held: The grants included the . .
CitedSave and Prosper Securities Ltd v Inland Revenue SCIT 9-Aug-2000
SCIT STAMP DUTY RESERVE TAX – amalgamation of two unit trust schemes – whether an agreement to transfer chargeable securities – appeal allowed – FA 1986 s 87(1) . .
CitedIn re Claims Direct Test Cases CA 19-Mar-2002
The applicants sought to appeal on two matters where they had questions of practice in the conduct of personal injury claims. These were as to whether after-the-event cover purchased under section 29 amounted to insurance premiums, and the setting . .
CitedIn re Claims Direct Test Cases CA 12-Feb-2003
The parties sought repayment as part of their costs of insurance premiums paid by claimants undertaking litigation.
Held: The underwriters charged andpound;140.00 for each case. Claims Direct charged a premium of andpound;1,250.00 for each . .
MentionedElitestone Ltd v Morris and Another HL 1-May-1997
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977.
Held: The tenants’ . .
CitedManchester Airport Plc v Dutton and others CA 23-Feb-1999
The claimant sought an order requiring delivery of possession of land occupied by the respondent objectors. They needed to remove trees from the land in order to construct a runway on their own adjacent land. The claimant had been granted a licence . .
CitedVesely 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 . .
CitedWhite v Knowsley Housing Trust and Another CA 2-May-2007
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured . .
CitedAslan v Murphy (No 1 and 2); Duke v Wynne CA 27-Jun-1989
Occupiers claimed that they had secure tenancies. The owner said that they were mere lodgers. In Murphy (1), the landlord said that the occupier must share possession with other occupiers if required. He now said that he had retained a key and that . .
CitedCrancour Ltd v Da Silvaesa and Another CA 26-Feb-1986
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be . .
CitedEssex Plan Ltd v Broadminster ChD 1988
The defendant with the benefit of an option to take a lease was allowed into the premises pursuant to what was described as, and purported to be, a licence. He then claimed a tenancy.
Held: The agreement was indeed a licence. Referring to . .
CitedCameron Ltd v Rolls-Royce Plc ChD 12-Mar-2007
His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the . .
CitedClarence House Ltd v National Westminster Bank Plc ChD 23-Jan-2009
The claimant landlord alleged that the defendant tenant had transferred the lease under a ‘virtual assignment’ and that this was in breach of its lease.
Held: The Abbey National case was not helpful. However, the arrangement was not a breach . .
CitedAlexander-David v London Borough of Hammersmith and Fulham CA 1-Apr-2009
The authority was required to provide housing to the minor applicant, but she was too young to hold a legal estate. An equitable lease had been created, and she now appealed against an order for possession having broken the terms of the agreement, . .
CitedAutoclenz Ltd v Belcher and Others CA 13-Oct-2009
Car Valeters contracts misdescribed their Duties
The claimants worked cleaning cars for the appellants. They said that as workers they were entitled to holiday pay. The appellant said they were self-employed.
Held: The contract purported to give rights which were not genuine, and the . .
CitedAutoclenz Ltd v Belcher and Others SC 27-Jul-2011
Car Cleaning nil-hours Contractors were Workers
The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated . .
CitedMann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd and Another ChD 19-Aug-2011
Administrators of the claimant company asserted that the company had held informal leases of two hangars owned by the defendant, and also complained of their transfer at an undervalue. The first defendant said that the occupations were under license . .
AppliedLondon and Associated Investment Trust Plc v Calow 1986
The defendants had sought premises for a consulting business. A licence was initially given to allow the premises to be prepared for occupation, but then a head lease was granted. An underlease for the defendant was prepared, but not executed. On . .
CitedBerrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
CitedIDC Group Ltd v Clark CA 2-Jul-1992
The court was asked: ‘whether a deed made between adjoining owners and expressed to ‘grant licence’ to the owners and occupiers for the time being of one property to pass over parts of the other in case of fire operated as the grant of an easement . .
CitedNorris (t/a J Davis and Son) v Checksfield CA 17-Apr-1991
The employee occupied the property under a licence granted by his employer for the better performance of his employment duties. At first he had been taken on as a semi-skilled mechanic, but he was later offered occupation of the employer’s bungalow . .
AppliedRoyal Philanthropic Society v County CA 1985
The defendant was employed by the local authority as a house-master at a school run by the plaintiff. He held a service licence of a furnished flat at the school expressed to be ‘for the better performance of his duties’. Later he married, and on . .
CitedCavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
CitedWatts v Stewart and Others CA 8-Dec-2016
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 . .

Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Leading Case

Updated: 09 November 2021; Ref: scu.190577

AB and Others, Regina (on The Application of) v London Borough of Brent: Admn 25 Oct 2021

Three claims for judicial review concerning the Defendant local authority’s obligations to provide accommodation under section 20 of the Children Act 1989 for unaccompanied asylum seekers pending the completion of assessments of their age. In each case the Defendant declined to accommodate the Claimant under s.20 of the Children Act 1989 on the grounds that they did not appear to the local authority to require accommodation.

Mr Justice Poole
[2021] EWHC 2843 (Admin)
Bailii
Children Act 1989 20
England and Wales

Children, Immigration, Housing

Updated: 09 November 2021; Ref: scu.668929

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 home.
Held: Article 8 does not, in terms, give a right to be provided with a home and does not guarantee the right to have one’s housing problem solved by the authorities. The expiry of his wife’s notice to quit brought his right to occupy the house as a tenant to an end, but it did not bring his occupation to an end. The house continued to be the place where he lived and so was his home.
As to Art 8: ‘Article 8 was intended to deal with the arbitrary intrusion by state or public authorities into a citizen’s home life. It was not intended to operate as an amendment or improvement of whatever social housing legislation the signatory state had chosen to enact. There is nothing in Strasbourg case law to suggest the contrary.’
Lord Millet said that the court is ‘merely the forum for the determination of the civil right in dispute between the parties’ and ‘once it concludes that the landlord is entitled to an order for possession, there is nothing further to investigate’.

Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Lord Millett, Lord Scott of Foscote
[2003] UKHL 43, Times 01-Aug-2003, [2003] 3 WLR 792, Gazette 02-Oct-2003, [2004] 1 AC 983, [2004] L and TR 9, [2003] 4 All ER 461, [2003] 3 EGLR 109, [2003] Fam Law 875, [2003] 2 FLR 973, [2004] 1 P and CR 19, [2003] HLR 75, [2003] HRLR 40, [2003] 3 FCR 43, [2003] UKHRR 974, [2003] NPC 101
Bailii, House of Lords
European Convention on Human Rights 8
England and Wales
Citing:
Appeal fromLondon Borough of Harrow v Qazi CA 3-Dec-2001
The applicant had been a joint tenant of the respondent. His co-tenant had terminated the tenancy. He now challenged the possession proceedings saying that they would deprive him of his home.
Held: The appeal succeeded. The question before the . .
CitedMarzari v Italy ECHR 1999
The applicant suffered from metabolic myopathy and was 100 per cent disabled. He was allocated an apartment which he considered inadequate. He ceased paying rent for it, demanding that certain works be carried out to make it suitable for him to live . .
CitedUratemp 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 . .
CitedChapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
CitedO’Rourke v United Kingdom ECHR 26-Jun-2001
The applicant was a sex offender who on release from prison had found temporary accommodation from which he had been evicted for pestering female residents. He ignored advice to go to a night shelter whilst a decision on permanent re-housing was . .
CitedS v United Kingdom ECHR 1986
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed . .
CitedGillow v The United Kingdom ECHR 24-Nov-1986
The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there.
Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not . .
CitedMabey v United Kingdom ECHR 1996
A claimant must show a sufficient and continuing link with a place in order to establish that it is his home for purposes of article 8. . .
CitedBuckley v The United Kingdom ECHR 25-Sep-1996
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the . .
CitedDi 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 . .
CitedP v United Kingdom ECHR 12-Dec-1990
The applicants had been evicted, following the service of a notice to quit, from a caravan site where they had lived for many years. The respondent admitted that the eviction constituted an interference with the applicants’ right to respect for . .
CitedUre v United Kingdom ECHR 27-Nov-1996
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the . .
CitedWood 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 . .
CitedLarkos 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 . .
CitedPoplar Housing and Regeneration Community Association Ltd v Donoghue CA 27-Apr-2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority.
Held: Once the human rights issue was raised, . .
CitedMcLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .
CitedSmart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson CA 25-Jan-2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights . .
CitedWrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
CitedMarckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
CitedMinister of Home Affairs v Fisher PC 1979
Respect must be paid to the language which has been used in a constitutional statute and to the traditions and usages which have given meaning to that language. It is quite consistent with this, and with the recognition that rules of interpretation . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedStretch v The United Kingdom ECHR 24-Jun-2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires.
Held: Property rights protected under . .
AppliedKhatun v United Kingdom ECHR 1-Jul-1998
(Admissibility) The violation of the right to respect for their homes and family and private lives which was alleged by the applicants, arose because of the pollution of the area by dust caused by building works in the Docklands area. A distinction . .
CitedLondon Borough of Tower Hamlets v Runa Begum CA 6-Mar-2002
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions . .
CitedSmart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson CA 25-Jan-2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights . .
CitedLambeth London Borough Council v Howard CA 6-Mar-2001
Any attempt to evict a person, whether directly or indirectly or by process of law, from his or her home is on the face of it a derogation from the respect to which the home is prima facie entitled. Courts should be careful fully to explain any . .

Cited by:
CitedAnufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
CitedRowland 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 . .
CitedLough and others v First Secretary of State Bankside Developments Ltd CA 12-Jul-2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery.
Held: The only basis of the challenge was under article 8. Cases established of a breach . .
CitedMorris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter . .
CitedPrice and others v Leeds City Council CA 16-Mar-2005
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
CitedCountryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
CitedRaymond, Regina (on the Application Of) v London Borough of Ealing CA 16-Nov-2005
. .
CitedDonohoe v Ingram ChD 20-Jan-2006
The appellant had lived with the bankrupt for several years, and sought an order delayng sale of the house they had lived in until their children had grown up. She said the circumstances were exceptional.
Held: The fact that the delay might . .
CitedKay, 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 . .
CitedKay 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 . .
CitedDesnousse 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 . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedCountryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1.
Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion . .
CitedHorsham Properties Group Ltd v Clark and Another ChD 8-Oct-2008
The court was asked whether section 101 of the 1925 Act infringes the Convention rights of residential mortgagors by allowing mortgagees to overreach the mortgagor by selling the property out of court, without first obtaining a court order either . .
CitedKnowsley 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: . .
CitedL, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
CitedCoombes, 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 . .
CitedManchester 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 . .
CitedLondon Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
CitedManchester 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 . . .
CitedAkerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .
CitedMcDonald v McDonald and Others SC 15-Jun-2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. . .
CitedGohil v Gohil SC 14-Oct-2015
The Court was asked ‘Do the principles referable to the admissibility of fresh evidence on appeal, as propounded in the decision of the Court of Appeal in Ladd v Marshall [1954] 1 WLR 1489, have any relevance to the determination of a spouse’s . .
CitedWatts v Stewart and Others CA 8-Dec-2016
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 . .
CitedMcCann v The State Hospitals Board for Scotland SC 11-Apr-2017
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Leading Case

Updated: 02 November 2021; Ref: scu.185418

Rakusen v Jepsen: UTLC 11 Nov 2020

Rent Repayment Order From Superior Landlord

Housing – Rent Payment – Whether A Rent Repayment Order May Be Made against A Superior Landlord – – application to strike out claim for rent repayment order – ss. 40, 41 Housing and Planning Act 2016 – appeal dismissed
‘the FTT does have jurisdiction to make a rent repayment order against any landlord who has committed an offence to which Chapter 4 applies, including a superior landlord. There is no additional requirement that the landlord be the immediate landlord of the tenant in whose favour the order is sought. That appears to me to be the natural meaning of the statute and is consistent with its legislative purpose. The only jurisdictional filter is that the landlord in question must have committed one of the relevant offences, and before an order may be made the FTT must be satisfied to the criminal standard of proof that that is the case. Although a narrower interpretation is possible it would involve reading the language as prescribing an additional condition which is not clearly stated, and which would detract from the simplicity and effectiveness of the statutory regime. ‘

Martin Rodger QC, Deputy Chamber President
[2020] UKUT 298 (LC)
Bailii
Housing and Planning Act 2016 40 41
England and Wales
Citing:
CitedLondon Corporation v Cusack-Smith HL 1955
The House considered a purchase notice under section 19(1), Town and Country Planning Act 1947, which turned on the second limb of the definition of ‘owner’ because the land in question was not let at a rack rent. Lord Reid considered a chain of . .
CitedUrban Lettings (London) Ltd v London Borough of Haringey UTLC 5-Mar-2015
UTLC HOUSING – houses in multiple occupation – landlord and tenant – rent repayment order – person having control – appropriate person to repay rent – ss 61(7), 72(1) and 73(5) Housing Act 2004 – appeal . .
CitedGoldsbrough and Another v Ca Property Management Ltd and Others UTLC 29-Oct-2019
Housing – House In Multiple Occupation
Held: An application for a rent repayment order could be made against a superior landlord (here the freeholder) despite the applicants never having been in the relationship of landlord and tenant or . .

Lists of cited by and citing cases may be incomplete.

Housing

Updated: 02 November 2021; Ref: scu.655562

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

The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which evicts such a person when its statutory duty to provide such interim accommodation ceases without first obtaining a court order for possession, violates that person’s rights under article 8 of the European Convention on Human Rights.
Held: The authority was not required to obtain a court order before evicting the claimants if, after making inquiries, it then decided that the claimants were not entitled to local authority accommodation.
‘(i) the words ‘live at’, ‘reside’ and ‘dwell’ are ordinary words of the English language and do not have technical meanings, (ii) those words must be interpreted in the statutes in which they appear having regard to the purpose of those enactments, (iii) as a matter of nuance, ‘dwelling’ as a general rule suggests a more settled occupation than ‘residence’ and can be equated with one’s home, although ‘residence’ itself can in certain contexts (such as the two-home cases) require such an equation, and (iv) under the 1996 Act a person remains homeless while he or she occupies temporary accommodation provided under sections 188(3), 190(2), 200(1) or 204(4) of the 1996 Act so long as the occupation is properly referable to the authority’s performance or exercise of those statutory duties or powers.’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Toulson, Lord Hodge
[2014] WLR(D) 489, [2015] 1 AC 1259, [2014] UKSC 62, [2014] 3 WLR 1548, UKSC 2013/0194, [2014] BLGR 842, [2015] 1 All ER 783, [2015] HLR 6
Bailii, WLRD, Bailii Summary, SC Video, SC, SC Summary
Protection from Eviction Act 1977, European Convention on Human Rights, Housing Act 1996
England and Wales
Citing:
Appeal fromCN, Regina (on The Application of) v London Borough of Lewisham CA 11-Jul-2013
The claimants had applied for housing as homeless. They were given accommodation pending the authority’s final decisions. Those decisions were thet the claimants were homeless intentionally. The authoity’s set out to recover possession. The . .
Appeal fromZH, Regina (on The Application of) v London Borough of Newham CA 11-Jul-2013
The claimant had applied for housing as a homeless person and was found temporary accomodation pending the respondent’s decision. When eventually the decision went against the claimant, the claimant argued that the authority was obliged to recover . .
CitedWolfe v Hogan CA 1949
An issue arose as to the purpose of the original letting. The defendant was the sub-tenant of a large divided room on the ground floor of a house in Chelsea which she used for business purposes. She eventually decided to live there as well.
CitedRogerson v Wigan Metropolican Borough Council QBD 14-Jul-2004
The claimant sought damages under the 1977 Act. The defendant said it had behaved lawfully. He had been housed in a hostel pending a decision on the application for permanent housing as a homeless person, which the defendant said excluded him from . .
CitedMartin Estates Ltd v Watt and Hunter CANI 1925
Barracks were leased for police purposes to a receiver for the Royal Ulster Constabulary. On expiry the landlord moved for possession. The tenant resisted, citing legislation enacted to protect tenants of houses from disturbance in their occupation. . .
CitedSkinner v Geary CA 1931
Scrutton LJ said that the Rent Acts did not protect a tenant who was not in occupation of a house in the sense that the house was his home. . .
CitedLevermore v Jobey CA 1956
Danckwerts LJ said: ‘A lease is not intended to be either a mental exercise or an essay in literature: it is a practical document dealing with a practical situation.’ . .
CitedUratemp 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 . .
CitedBirmingham City Council v Ali and Others; Moran v Manchester City Council HL 1-Jul-2009
Homelessness Status Requires LA Action
The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for . .
CitedCollier v Stoneman CA 1957
A grandchild and his wife shared a 2-bedroom flat with the grandmother tenant. There was communal living and eating and no question of a sub-tenancy.
Held: The claim to succession to the tenancy was upheld.
Sellers LJ said: ‘The . .
CitedWalker v Ogilvy CA 1974
A tenant of a flat which he used principally at weekends and for short holidays. The tenant had another permanent residence.
Held: Parliament in passing the Rent Act 1968 never intended to protect people in occupation of what were in effect . .
CitedRegalian Securities Ltd v Scheuer CA 1982
The court considered the right of a protected tenant to become a statutory tenant on the termination of his protected tenancy under section 2(1)(a) of the 1977 Act, requiring him to occupy the dwelling house ‘as his residence’. The tenant occupied . .
CitedSwanbrae Ltd v Elliott CA 1986
The court considered the quality of residence required where a person claimed to be a statutory tenant in succession to her mother, who had been a protected tenant, because she had resided in the premises with her before she died. The appellant had . .
CitedMacMillan and Co Ltd v Rees CA 1946
The lease of premises as an office allowed the tenant or her business partner were authorised to sleep when required.
Held: The Court drew a distinction between an authorised user of merely sleeping or eating on premises and use as a dwelling . .
CitedMohamed v Hammersmith and Fulham London Borough Council HL 1-Nov-2001
Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under . .
CitedDesnousse 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 . .
CitedFreeman v London Borough of Islington CA 11-Jun-2009
A claim was made for a statutory succession to an assured tenancy. The judge had found that the appellant was occupying the flat at the time of the death of her father (the tenant) as her only home, but that she had not ‘resided with’ him throughout . .
CitedLondon Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
CitedZehentner v Austria ECHR 16-Jul-2009
ECHR The applicant’s apartment was subject to a judicial sale for non-payment of debt. She was ill, and did not participate in the sale. The local law had time limits for challenging a judicial sale, designed to . .
CitedTysiac v Poland ECHR 20-Mar-2007
The applicant alleged that the circumstances of her case had given rise to violations of Article 8 of the Convention. She also relied on Article 3. The applicant further complained under Article 13 that she did not have an effective remedy at her . .
CitedProkopovich v Russia ECHR 18-Nov-2004
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (estoppel); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial . .
CitedBlecic 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 . .
CitedBarras v Aberdeen Steam Trawling and Fishing Co HL 17-Mar-1933
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.
Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the . .
CitedSmart v The London Borough of Lambeth CA 7-Nov-2013
A local authority granted a licence to a housing association which in turn allowed a housing cooperative to provide accommodation to former squatters on a licence which was initially for 5 years but was extended. A claim was made for adverse . .

Cited by:
CitedSims v Dacorum Borough Council SC 12-Nov-2014
Surrender at Common Law Survives Human Rights Law
The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive . .
CitedHaile v London Borough of Waltham Forest SC 20-May-2015
‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that ‘an applicant is homeless, . .
CitedBelhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 02 November 2021; Ref: scu.538699

Ali v Birmingham City Council: CA 7 Nov 2008

The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether the decision in Runa Begum was to be interpreted in the light of Tsfayo. In particular the court asked whether a finding of pure fact on a review was a possible subject of appeal.
Held: The issue had been decided by the Runa Begum case which continued to apply. Leave to appeal refused.

Thomas LJ, Hughes LJ, Rimer LJ
[2008] EWCA Civ 1228, [2009] HLR 23, [2008] NPC 119, [2009] 2 All ER 501, [2009] BLGR 1, [2009] UKHRR 1
Bailii
Housing Act 1996 204
England and Wales
Citing:
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedTsfayo v The United Kingdom ECHR 14-Nov-2006
The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate.
Held: The system did not . .
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
CitedAssicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
CitedKay 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 . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedSecretary of State for the Home Department v MB CA 1-Aug-2006
The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3.
Held: The appeal succeeded. . .

Cited by:
See AlsoTomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Administrative

Updated: 02 November 2021; Ref: scu.277630

Hughes v Borodex Ltd: Admn 25 Mar 2009

The tenant under a long lease appealed against a rent assessment which increased the amount payable to a level where she lost her security of tenure. She said that 17 year old improvements she had made should not have been taken into account.
Held: The words of the Act were clear and the value of an improvement could be disregarded only for one year. Nor could the applicant show that there had been a draftsman’s error. The appeal failed.

Collins J
[2009] EWHC 565 (Admin)
Bailii
Local Government and Housing Act 1989, Housing Act 1988 14(3)(b)
England and Wales
Citing:
CitedRegina v London Rent Assessment Panel, Ex Parte Cadogan Estates Ltd Admn 4-Jun-1997
If the proper rent is higher than the statutory maximum, then the rent should be so set and the assured tenancy status lost. The Committee was not prohibited from assessing the rent of the assured tenancy arising on termination of the long tenancy . .
CitedInco Europe Ltd and Others v First Choice Distributors (A Firm) and Others HL 10-Mar-2000
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
CitedRegina (on the Application of Morris) v The London Rent Assessment Committee and Another CA 7-Mar-2002
Mummery LJ said: ‘In my judgment, the principal submissions are based on a misreading of the statutory provisions. There is nothing in the provisions establishing or supporting a statutory principle of ‘once an assured tenancy, always an assured . .
CitedEast Coast Amusement v British Transport Board; Re ‘Wonderland’ Cleethorps HL 1965
Under the section, the benefit of improvements would only be obtained by the tenant if carried out during the current tenancy. Viscount Simonds said: ‘If there is any ambiguity about the extent of (the) derogation (by a statute from common law . .
CitedTrustees of Henry Smiths Charity v Hemmings 1982
A Mr Ludovici in 1977 took an assignment of the residue of a lease granted in 1953 which had some 5 months to run. He agreed to do works in return for which he would be granted a fresh lease. This was later assigned to Mr Hemmings.
Held: He . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 02 November 2021; Ref: scu.324681

Michalak v London Borough of Wandsworth: CA 6 Mar 2002

The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. He also claimed protection under human rights law.
Held: Parliament had sought by means of the list, precisely to avoid the confusion about who was a family member in earlier legislation. The list was exhaustive, and the appellant was not within the list. The human right to protection from disturbance of one’s home did not require provision of a home, and so could not be used to create a statutory tenancy, but he sought instead a status akin to that of a tolerated trespasser. The degree of familial connection was not so great as to count him a member of the tenant’s family. The question of the need to distribute the scarce resource of houses to let in the public sector in a regular way justified any interference with the appellant’s human rights. The section restricting the range of successors to a tenancy did not infringe the appellant’s right to family life. The court described a fourfold test for discrimination under the Convention: (i) do the facts fall within the ambit of one or more of the substantive Convention provisions? (ii) if so, was there different treatment as respects that right between the complainant on the one hand and other persons put forward for comparison (‘the chosen comparators’) on the other? (iii) were the chosen comparators in an analogous situation to the complainant’s situation? (iv) if so, did the difference have an objective and reasonable justification.

Lord Justice Brooke, Lord Justice Mance, And, Mr Justice Park
[2002] EWCA Civ 271, [2002] 4 All ER 1136, [2003] 1 WLR 617
Bailii
Housing Act 1985 87 113, European Convention on Human Rights Art 8 Art 14
England and Wales
Citing:
CitedHarrogate Borough Council v Simpson CA 1985
The claimant (defending proceedings for possession by the local authority) had lived with the deceased secure tenant in a lesbian relationship for some years and was so living at the date of her death. She sought to defend her occupation saying she . .
CitedJones v Whitehill CA 1950
The plaintiff, a woman, out of love and kindness, went to live with her aunt and uncle. On the uncle’s death, she claimed to be entitled to succeed to their tenancy.
Held: On the uncle’s death she was found to be a member of his family. The . .
CitedLangdon v Horton 1951
First cousins, sharing a residence for purposes of convenience, were held not to qualify as a family so that one could inherit the tenancy on the death of the other. . .

Cited by:
CitedRegina (on the application of Smith) v Barking and Dagenham London Borough Council and another Admn 19-Nov-2002
The applicants sought to argue that the attempt to evict him from the caravan site he occupied infringed his article 8 and 14 rights. Though the Isaacs case had decided there was good reason to deny security, he argued that was no longer applicable, . .
CitedGhaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
AppliedRegina on the Application of Clift v Secretary of State for the Home Department Admn 13-Jun-2003
The claimant had been sentenced to 18 years imprisonment. He challenged the differing treatment for parole purposes of those sentenced to more than 15 years, as infringing his human rights, insofar as the decision was retained by the Home Secretary. . .
CitedNasser v United Bank of Kuwait CA 11-Apr-2001
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs.
Held: An order for security may not legitimately be based on the bare . .
CitedCarson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
CitedCarson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
CitedRegina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
CitedClift, Regina (on the Application of) v Secretary of State for the Home Department CA 29-Apr-2004
The claimant was a prisoner serving a determinate term exceeding 15 years. He complained that the respondent’s remaining juridsiction as to his release on licence infringed his human rights.
Held: This was the sole remaining element of the . .
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedMorris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter . .
CitedSecretary of State for the Home Department v Hindawi and Headley CA 13-Oct-2004
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory . .
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
CitedMalcolm v Mackenzie, Allied Dunbar Plc CA 21-Dec-2004
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory.
Held: The . .
CitedCarson, 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 . .
CitedWilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
CitedKay 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 . .
CitedWilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
CitedLondon Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
CitedCoombes, 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 . .
CitedSheffield 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 . .
CitedLord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
CitedRotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 25-Feb-2015
Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute . .
CitedJohnson, Regina (on The Application of) v Secretary of State for The Home Department SC 19-Oct-2016
The court was asked: ‘Is it compatible with the European Convention on Human Rights to deny British citizenship to the child of a British father and a non-British mother simply because they were not married to one another at the time of his birth or . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Leading Case

Updated: 02 November 2021; Ref: scu.167731

Sims v Dacorum Borough Council: SC 12 Nov 2014

Surrender at Common Law Survives Human Rights Law

The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, and that Monk should be revisited after the Human Rights Act.
Held: The appeal failed.
The service of the notice by Mrs Sims did not, of itself, operate as an infringement of his right to respect for his home. Though his home became at risk: ‘full respect for Mr Sims’s article 8 rights was accorded by the facts that (i) his tenancy was determined in accordance with its contractual terms to which he had agreed in clause 100 of the tenancy agreement, (ii) he was entitled to the benefit of clause 101 of his tenancy agreement, (iii) under the Protection from Eviction Act 1977, he could not be evicted without a court order, and (iv) the court would have to be satisfied that Dacorum was entitled to evict him as a matter of domestic law, and (v) the court could not make such an order without permitting him to raise a claim that it would be disproportionate to evict him . .’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Toulson, Lord Hodge
[2014] UKSC 63, UKSC 2013/0264, [2014] WLR(D) 490, [2014] 3 WLR 1600, [2014] BLGR 898, [2015] 1 All ER 834, [2015] HLR 7, [2015] 1 AC 1336
Bailii, Bailii Summary, SC Summary, SC, WLRD
Housing Act 1985 82 84, European Convention on Human Rights 8
England and Wales
Citing:
CitedDoe d Aslin v Summersett KBD 1830
Majority of Trustees May Exercise Power
The freehold in land which was let on a yearly tenancy was vested jointly in four executors of a will to whom the land had been jointly devised. Three only of the executors gave notice to the tenant to quit. The fourth objected.
Held: The . .
CitedHammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Appeal fromSims v Dacorum Borough Council CA 24-Jan-2013
Husband and wife had been joint tenants of the council. On the breakdown of the marriage, W gave notice to quit. H defended the council’s possession action, saying that it was an infringement of his human rights for him to lose his tenancy and home. . .
CitedManchester 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 . . .
CitedZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
CitedDi 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 . .
CitedLondon Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
CitedBuckland v The United Kingdom ECHR 18-Sep-2012
The applicant alleged that the Court of Appeal’s decision to dismiss her appeal and uphold the judgment making a possession order constituted an unjustified breach of her right to respect for her home and her family life and discriminated against . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Landlord and Tenant

Leading Case

Updated: 02 November 2021; Ref: scu.538698

Tachie and Others v Welwyn Hatfield Borough Council: QBD 13 Dec 2013

The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful.
Held: The company was a subsidiary of the Council, and the Teckal exception clearly applied because of the Council’s control: ‘the focus must be on the nature of the arrangements between the two entities as constituted by the contractual and other documentation, and these have not changed (c.f. Parking Brixen). It is the presence, or absence, of salient features in these arrangements which will determine whether or not a procurement exercise should have been implemented . .’

Jay J
[2013] EWHC 3972 (QB)
Bailii
Housing Act 1996 202
England and Wales
Citing:
CitedTeckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia ECJ 18-Nov-1999
AGAC was a corporate entity set up by a consortium of Italian local authorities to provide energy and environmental services to those participating. Prior to 1997 Teckal had supplied fuel to Viano and had serviced its heating systems. In May 1997 . .
CitedParking Brixen v Gemeinde Brixen ECJ 13-Oct-2005
The award, by a public authority to a service provider, of the management of a public pay car park, in consideration for which that provider is remunerated by sums paid by third parties for the use of that car park, is a public service concession to . .
CitedCarbotermo SpA, Consorzio Alisei v Comune di Busto Arsizio,AGESP SpA ECJ 11-May-2006
ECJ Opinion – Directive 93/36/EEC – Public supply contracts – Award of contract without a call for tenders – Award of the contract to an undertaking in which the contracting authority has a shareholding. . .
CitedBrent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .

Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 02 November 2021; Ref: scu.518998

G, Regina (on the Application of) v London Borough Of Southwark: HL 20 May 2009

The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority instead to arrange for him to be accommodated by the local housing authority under the homelessness provisions of Part VII of the Housing Act 1996.
Held: The child’s appeal succeeded. It was already established that if the section 20 duty has arisen and the children’s authority have provided accommodation for the child, and they cannot ‘side-step’ the issue by claiming to have acted under some other power. The authority must act under the 1989 Act. The authority’s argument was circular.

Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance, Lord Neuberger of Abbotsbury
[2009] UKHL 26, [2009] NPC 73, [2009] 1 WLR 1299, [2009] Fam Law 668, [2009] 3 All ER 189, [2009] BLGR 673, [2009] 2 FCR 459, [2009] 2 FLR 380, Times 04-Jun-2009
Bailii
Children Act 1989 20, Housing Act 1996
England and Wales
Citing:
CitedSouthwark, London Borough of v D CA 7-Mar-2007
The social worker arranged for D, unable to live with her father because he was violent towards her, to live with his fomer partner. The court was asked whether the local authority had simply facilitated a private fostering arrangement, in which . .
Appeal fromG, Regina (on the Application of) v London Borough of Southwark CA 29-Jul-2008
. .
CitedM, Regina (on the Application of) v London Borough of Hammersmith and Fulham HL 27-Feb-2008
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards . .
CitedL, Regina (on the Application of) v Nottinghamshire County Council Admn 26-Sep-2007
A social worker arranged for L, a seriously troubled young person who had been evicted from her mother’s home, to live for a few days in an hotel.
Held: As she had previously been looked after by the local authority for some time, this would . .
CitedS, Regina (on the Application of) v London Borough of Sutton CA 26-Jul-2007
The local authority owed the section 20(1) duty towards a 17 year old girl who was about to be released from a Secure Training Centre. It argued however that the duty no longer applied because she had agreed to go to a hostel for homeless women . .
CitedH and others v London Borough of Wandsworth and others Admn 23-Apr-2007
In three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued . .
CitedRegina 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 . .
CitedLiverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and Another CA 10-Feb-2009
The applicant asylum-seeker had arrived in Hillingdon and claimed that he required assistance, that he was a child, and that he wanted to go to Liverpool. Hillingdon had assisted him to do so. Liverpool now appealed against a finding that it was . .
CitedA, Regina (on the Application of) v Coventry City Council Admn 22-Jan-2009
. .
CitedS, Regina (on the Application of) v London Borough of Sutton Admn 18-May-2007
Application for assistance in providing accomodation to allow early release from prison. . .

Cited by:
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .

Lists of cited by and citing cases may be incomplete.

Children, Housing, Local Government

Updated: 02 November 2021; Ref: scu.346222

London Borough of Lewisham v Malcolm: HL 25 Jun 2008

The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments.
Held: The authority’s appeal succeeded. Mr Malcolm has not been the subject of unlawful discrimination because Lewisham’s reason for claiming possession did not relate to his disability and he was not treated less favourably than someone without that disability. The Act assumed a knowledge of the fact of the disability – this was not a tort of strict liability – and it had also not been shown that they had known of the tenant’s schizophrenia.

Lord Bingham of Cornhill, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury
[2008] UKHL 43, Times 26-Jun-2008, (2008) IRLR 70, [2008] 1 AC 1399, [2008] 3 WLR 194, [2008] 2 P and CR 18, [2008] 26 EG 117, [2008] 4 All ER 525, [2008] NPC 76, (2008) 11 CCL Rep 573, [2008] L and TR 29, (2008) 102 BMLR 170, [2008] BLGR 549, [2008] HLR 41
Bailii, HL
sability Discrimination Act 1995 22(3)(c) 24(1)
England and Wales
Citing:
Appeal FromLondon Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
CitedRegina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
CitedSepet and Bulbil v Secretary of State for the Home Department HL 20-Mar-2003
The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey.
Held: The concept of ‘persecution’ was central. It is necessary to . .
CitedH J Heinz Co Ltd v Kenrick EAT 3-Dec-1999
EAT Disability Discrimination – Compensation. . .
CitedRowden v Dutton Gregory Solictors EAT 17-Dec-2001
EAT Disability Discrimination – Disability
EAT Disability Discrimination – Disability. . .
CitedTaylor v OCS Group Ltd CA 31-May-2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior . .
CitedClark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
ApprovedRichmond Court (Swansea) Ltd v Williams CA 14-Dec-2006
Section 24 of the 1995 Act requires the court ‘(i) to identify the treatment of the disabled person that is alleged to constitute discrimination, (ii) to identify the reason for that treatment, (iii) to determine whether the reason relates to the . .
CitedLondon Borough of Hammersmith and Fulham v Farnsworth EAT 15-Jun-2000
EAT Disability Discrimination – Compensation . .
CitedCouncil of the City of Manchester v Romano, Samariz CA 1-Jul-2004
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination.
Held: In secure tenancies, the authority had to consider the . .
CitedS v Floyd, Equality and Human Rights Commission CA 18-Mar-2008
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, . .

Cited by:
CitedDundee City Council v Malcolm EAT 25-Jul-2008
EAT SEX DISCRIMINATION: Vicarious liability
Sexual harassment claim by an employee of an education authority. Circumstances in which tribunal had misdirected itself as to its own prior judgment and erred in . .
CitedStafford and Rural Homes Ltd and Another v Hughes EAT 9-Mar-2009
EAT DISABILITY DISCRIMINATION: Reasonable adjustments
Effect of Malcolm: on the facts of the case the decision in Malcolm did not make any difference to the conclusion. There is no requirement in law to set . .
CitedStockton on Tees Borough Council v Aylott EAT 11-Mar-2009
EAT JURISDICTIONAL POINTS
Extension of time: just and equitable
2002 Act and pre-action requirements
DISABILITY DISCRIMINATION
Disability related discrimination
Direct disability . .
CitedMcClenaghan v Antrim Borough Council NIIT 21-Aug-2008
. .
CitedMitchell v Seagate Technology Ireland NIIT 22-Sep-2008
. .
CitedPalmer v The Social Security Agency NIIT 11-Nov-2008
. .
CitedCountrywide Estate Agents (Unlimited) and Another v Rice EAT 26-Nov-2008
EAT DISABILITY DISCRIMINATION
Disability related discrimination
Direct disability discrimination
The Employment Tribunal confused the relevant tests for disability discrimination under s.3A of . .
CitedHoldsworth v Right Price Carpets NIIT 19-Dec-2008
. .
CitedHose Express Thurrock Ltd v Jacomb EAT 31-Mar-2009
EAT DISABILITY DISCRIMINATION: Disability related discrimination
The Claimant who is a disabled man claimed that his former employer discriminated against him on grounds of disability and the claim succeeded . .
CitedCarter v London Underground Ltd and Another EAT 8-May-2009
EAT DISABILITY DISCRIMINATION – Disability related discrimination
JURISDICTIONAL POINTS – Extension of time: just and equitable
UNFAIR DISMISSAL – Reasonableness of dismissal
Employee dismissed . .
CitedMiller v The Ridings High School EAT 24-Sep-2008
EAT CONSTRUCTIVE UNFAIR DISMISSAL
DISABILITY DISCRIMINATION
Direct disability discrimination/Disability related discrimination/ Reasonable adjustments
The Claimant claimed constructive unfair . .
CitedChild Support Agency (Dudley) v Truman EAT 5-Feb-2009
EAT DISABILITY DISCRIMINATION: Disability related discrimination / Compensation
Whether the Novacold comparator in cases of disability-related discrimination must be replaced in employment cases by the . .
CitedChondol v Liverpool City Council EAT 11-Feb-2009
EAT RELIGION OR BELIEF DISCRIMINATION
Social worker dismissed on charges which included inappropriate promotion of his religious beliefs and arranging a visit to his home by a service user in a manner which . .
CitedServier Laboratories Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence and others Admn 19-Feb-2009
The claimant challenged the failure of the defendant to list its drug strontium ranelate for prescription within the UK. They said that NICE failed to act fairly and with transparency by their failure to supply or disclose to Servier and the other . .
CitedN, Regina (on the Application of) v London Borough of Barking and Dagenham Independent Appeal Panel CA 24-Feb-2009
The case of Malcolm has overruled Novacold. Toulson LJ said: ‘In Malcolm the House of Lords was concerned with the construction of the same phrase in Part III of the Act. It overruled the decision in Clark v Novacold and held that the proper . .
CitedCheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
CitedBarber v London Borough of Croydon CA 11-Feb-2010
The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council . .
CitedThomas-Ashley v Drum Housing Association Ltd CA 17-Mar-2010
The tenant had been ordered to leave her flat. She had kept a dog in breach of her tenancy agreement. The landlord had terminated the assured shorthold tenancy by a section 21 notice. She said that they had failed to make reasonable adjustments to . .
CitedJ v DLA Piper UK Llp EAT 15-Jun-2010
EAT DISABILITY DISCRIMINATION – Disability
Job offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time . .
CitedBrill v Interactive Business Communications Ltd CA 9-Dec-2010
The claimant had issued proceedings for unfair dismissal, but his appeal against refusal of permission to amend his claim to allow a claim for disability discrimination had succeeded at the EAT. At the time when the claim had been made, the law . .
CitedWard v The Secretary of State for Work and Pensions (Disability Discrimination : Disability Related Discrimination) EAT 17-May-2013
EAT Disability related discrimination
Direct disability discrimination
Claim for disability discrimination and unfair dismissal. Employment Tribunal upheld one claim of a failure to make reasonable . .
CitedAkerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .
CitedHotak 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.

Housing, Discrimination

Leading Case

Updated: 02 November 2021; Ref: scu.270387

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.
Held: Where the action impugned the authority’s performance of its statutory duties as a pre-condition to enforcing private law rights, the correct way was to do so within judicial review proceedings. The authority’s decision could not be challenged by an ordinary action. The House attached particular importance to the protection given to public authorities by Order 53 of the Rules of the Supreme Court to the extent that leave to bring proceedings was required and a time limit imposed subject to good reason for extending it.

Lord Bridge
[1983] 2 AC 286, [1982] 3 WLR 1121, [1982] 3 All ER 1135, [1981] UKHL 10
Bailii
Housing (Homeless Persons) Act 1977
England and Wales
Citing:
AppliedO’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 . .

Cited by:
AppliedO’Rourke v Mayor etc of the London Borough of Camden HL 12-Jun-1997
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 . .
CitedSteed v Secretary of State for the Home Department HL 26-May-2000
The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a . .
CitedMohamed v Manek and Royal Borough of Kensington and Chelsea CA 28-Apr-1995
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. . .
CitedHussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
CitedRuddy 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.

Housing, Judicial Review

Leading Case

Updated: 02 November 2021; Ref: scu.180465

Berger-Krall and Others v Slovenia: ECHR 12 Jun 2014

berger_sloveniaECHR1406

ECHR Article 1 para. 1 of Protocol No. 1
Peaceful enjoyment of possessions
Housing reforms resulting in higher rent and reduced security of tenure for tenants following move to market economy:no violation
Article 8
Positive obligations
Article 8-1
Respect for home
Housing reforms resulting in higher rent and reduced security of tenure for tenants following move to market economy:no violation
Facts – Under the socialist system previously in force in former Yugoslavia, tenants who, like the applicants, were residing in socially-owned flats held ‘specially protected tenancy’ agreements, which in most cases had been concluded for an indefinite period and could be passed on from generation to generation. A ‘specially protected tenancy’ enjoyed stronger protection than a purely contractual tenancy.
When Slovenia became independent and opted for a market economy, two main reforms were adopted in the housing sector. The Denationalisation Act 1991 permitted previous owners (or their heirs) to claim restitution of properties that had been expropriated by the State, including dwellings which had been let under the ‘specially protected tenancy’ scheme. In parallel, the Housing Act 1991 regulated the rights of the new owners and of the tenants. It replaced the ‘specially protected tenancy’ with a normal leasing arrangement. All previous holders of ‘specially protected tenancies’ were in principle given the possibility of renting the flats from the new owners for an indefinite period, but on less favourable terms, in particular, as regards rent, rights of transmission to family members and security of tenure.
In their application to the European Court, the applicants complained, inter alia, that they had been deprived of their specially protected tenancy rights without adequate compensation (Article 1 of Protocol No. 1 and Article 8 of the Convention).
Law – Article 1 of Protocol No. 1: It was unnecessary to examine whether the right of an occupant to reside in a real estate unit could constitute a ‘possession’ within the meaning of Article 1 of Protocol No. 1 as, even assuming that provision to be applicable, there had been no violation of its requirements.
The interference with the applicants’ right to the peaceful enjoyment of their possessions was lawful and in accordance with the general interest. It had also struck a fair balance between the demands of the general interest of the community and the requirements of the protection of the individuals’ fundamental rights.
It was true that as a result of the housing reform, the applicants had had to face a general degradation of the legal protection they had previously enjoyed (for example, increased rent, restrictions on the right to transmit the tenancy to family members and reduced security of tenure). These were, however, unavoidable consequences of the legislature’s decision to provide former owners with the possibility of restitution in natura of dwellings which had been nationalised after the Second World War. Securing the rights of previous owners could not but result in a corresponding restriction of the rights of the occupiers. In any event, certain obligations assumed by the applicants under the new leases (not to cause damage, disturb other residents, perform prohibited activities or sublet) were in substance similar to those found in normal landlord and tenant relations.
In addition, the applicants enjoyed and continued to enjoy special protection going beyond that usually afforded tenants: the lease contracts were concluded for an indefinite period and transmissible to the spouse or long term partner of the tenant and the non-profit rent imposed on the applicants continued to be significantly lower than the free market rent more than 22 years after the housing reform was introduced, which showed that the transition to a market economy had been conducted in a reasonable and progressive manner. Moreover, none of the applicants had shown that the level of rent was excessive in relation to his or her income.
Thus, in balancing the exceptionally difficult and socially sensitive issues involved in reconciling the conflicting interests of ‘previous owners’ and tenants, the respondent State had ensured a distribution of the social and financial burden involved in the housing reform which had not exceeded its margin of appreciation.
Conclusion: no violation (six votes to one).
(See also: Hutten-Czapska v. Poland [GC], 35014/97, 19 June 2006, Information Note 87; Lindheim and Others v. Norway, 13221/08 and 2139/10, 12 June 2012, Information Note 153)
Article 8: The considerations which led the Court to find that the applicants’ rights under Article 1 of Protocol No. 1 had not been violated allowed it to reach the same conclusion under Article 8 of the Convention in respect of those applicants whose complaints under that provision were declared admissible. They had been afforded the possibility of indefinite term leases, transmitting them to their spouses or long term partners and occupying the premises for a non-profit rent. None of the applicants had submitted evidence showing that they could not afford the rent and, in any event, public subsidies were available for socially or financially disadvantaged tenants.
As to the fault-based grounds for eviction that had been introduced by the Housing Act 1991, they were essentially similar to those traditionally contained in lease agreements in other Council of Europe member States and could not, as such, be considered incompatible with Article 8 of the Convention. The two additional rights afforded previous owners under the Housing Act 2003 – to move a tenant to another suitable property and to evict a tenant who owned another suitable dwelling – were justified in view of the special, reinforced protection afforded to persons in the applicants’ situation and the corresponding limitations placed on the rights of the previous owners, who were forced into a lifelong low rental agreement with tenants they had not chosen.
As to the procedural guarantees enjoyed by the applicants, it was not contested that they had the possibility of challenging any eviction order before the competent domestic courts, which had jurisdiction over all related questions of fact and law. The interference with the right to respect for their home of the three applicants concerned had thus been necessary in a democratic society.
Conclusion: no violation (unanimously).
The Court also found, unanimously, that there had been no violation of Article 14 of the Convention taken together with Article 1 of Protocol No. 1, or of Article 6 – 1 of the Convention (either in respect of the denationalisation proceedings or in respect of the applicants’ allegedly insufficient access to a court to challenge the housing reform).

14717/04 – Legal Summary, [2014] ECHR 807
Bailii
European Convention on Human Rights p1A1 8

Human Rights, Housing

Updated: 02 November 2021; Ref: scu.535169

Regina v Harrow London Borough Council Ex Parte Fahia: HL 16 Sep 1998

The local authority submitted first that a person making a second application for emergency housing had to demonstrate a change of circumstance which might lead to a second application being successful and second that it was for the local authority to decide whether that test has to be satisfied. The applicant could not point to any new circumstance, which could lead to the conclusion that she was not intentionally homeless and it was releived of any obligation to repeat the whole process of considering the fresh application.
Held: ”I have sympathy with Harrow’s case on this point but I am unable to extract from the statutory language any sufficient justification for the suggested short cut.’ ‘the statutory duty to make enquiries arises if (a) a person applies for accommodation (b) ‘the authority have reason to believe he may be homeless or threatened with homelessness’. It is established that requirement (a) is not satisfied if an application purports to be made by a person who lacks the capacity to do so . . Moreover when an applicant has been given temporary accommodation . . . and is then found to be intentionally homeless he cannot make a further application based on exactly the same facts as his earlier application’. A local authority Council had found intentional homelessness but where an appeal was pending had to consider fully again, the situation which arose on applicant being evicted again from temporary accommodation provided pending the appeal. As to Delahaye: ‘but those are very special cases where it is possible to say there is no application before the local authority and therefore the mandatory duty imposed by [the statutory predecessor to section 184] has not arisen. But in the present case there is no doubt that where [the homeless applicant] made her further application for accommodation she was threatened with homelessness. Moreover in my judgment her application could not be treated as identical with the earlier 1994 application. She was relying on her eviction from the guesthouse which, for one year, she had been occupying as the direct licensee of the guesthouse proprietor, paying the rate for that accommodation. She was reimbursed the amount of the rent by way of housing benefit but the fact was that she had occupied the premises as licensee for a year. It is impossible to say that there has been no relevant change in circumstances at all.’

Lord Browne-Wilkinson, Lord Mustill, Lord Nolan, Lord Clyde, Lord Hutton
Times 24-Jul-1998, Gazette 16-Sep-1998, [1998] 4 All ER 137, [1998] UKHL 29, [1998] 1 WLR 1396
House of Lords, Bailii
Housing Act 1985 Part III
Citing:
Appeal fromRegina v London Borough of Harrow ex parte Fahia CA 7-Mar-1997
The applicant had been found to have deliberately procured her own eviction from her tenanted accommodation in Harrow. She was given temporary accommodation in a guest house, where she stayed for over a year. Her housing benefit was then reduced by . .
CitedDelahaye v Oswestry Borough Council 29-Jul-1980
The applicant had made more than one application for emergency housing and temporary accomodation pending the result of her application.
Held: It could not have been the intention of Parliament that a similar statute should be used by someone, . .
At First InstanceRegina v London Borough of Harrow ex parte Fahia 1996
After deliberately losing her tenancy, the authority had provided the appliant with temporary accomodation in a guest house, but after her housing benefits were halved she lost that accomodation also.
Held: The authority had a duty to house . .

Cited by:
CitedRegina (Fatima Jeylani) v London Borough of Waltham Forest 2002
A declaration was granted requiring the local authority to consider the further homelessness application after the authority had followed the approach in Campisi and in consequence, it had refused to consider a further homelessness application of . .
CitedHaile v London Borough of Waltham Forest SC 20-May-2015
‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that ‘an applicant is homeless, . .

Lists of cited by and citing cases may be incomplete.

Housing

Leading Case

Updated: 02 November 2021; Ref: scu.86819

Markozoff v Craig: 1939

The landlord sought possession of the defendant’s tenancy y saying that the alternative accommodation offered was suitable.
Held: The accommodation was not suitable. The tenant needed space to entertain business acquaintances, and the new property offered no garden for his child to play in.

(1949) 93 Sol Jo 693

Housing

Leading Case

Updated: 02 November 2021; Ref: scu.260331

Boreh v London Borough of Ealing: CA 29 Oct 2008

The claimant said that she was unintentionally homeless and in priority need. She suffered several substantial disabilities, and said that the accommodation offered was not suitable to those needs. She used a wheelchair, but there was no wheelchair access and had the bedrooms on the first floor. The authority said it had discharged its duties, and that a laundry room downstairs could be occupied as a bedroom, and that adaptations were minimal.
Held: The suitability of accommodation was to be judged anticipating promised adaptations, but not those proposed only after the decision letter but before the review. The recorder had erred in this respect. In particular the claimant had referred to the absence of an access ramp, but this was not addressed until after the authority had decided that the accomodation was appropriate. Also any promise was by a third party, and not the authority which was making the offer. The claimant’s appeal was allowed.

Wall LJ, Toulson LJ, Rimer LJ
[2008] EWCA Civ 1176, Times 11-Nov-2008, [2009] BLGR 65, [2009] 2 All ER 383, [2009] PTSR 439, 2008] NPC 114, [2009] HLR 22
Bailii
Housing Act 1996 175 201
England and Wales

Housing

Updated: 02 November 2021; Ref: scu.277310