Category: Housing

Moat Housing Group South Ltd v Harris and Another: CA 17 Dec 2004

The Housing Association had obtained a possession order against the appellant family, who now sought a stay of execution pending their appeal.
Held: The presence of children in the house meant that the balance had to include consideration of their interests. The family had been involved in numerous neighbour disputes and had been made subject to Anti-Social Behaviour orders the effect of which would be to exclude them from the home. No discussions had taken place as to the children’s schooling arrangements, and no warning given of the applications for immediate orders. Since the interim stay, the family appeared to have abided by the orders. A stay should be granted but the family would have to note that any breaches would put them in contempt of court.

Judges:

Brooke, Dyson LJJ

Citations:

Times 13-Jan-2005

Jurisdiction:

England and Wales

Citing:

Applied – Hammond Suddard, Solicitors v Agrichem International Holdings Limited CA 18-Dec-2001
The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the . .

Cited by:

See Also – Moat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely.
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 30 April 2022; Ref: scu.221424

Regina (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 the claimant. The case of Fahia was to be preferred.

Judges:

Judge Wilkie QC

Citations:

[2002] EWHC 487 (Admin)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Mayor and Burgesses of London Borough of Southwark ex parte Campisi CA 9-Jul-1998
The claimant had made more than one application for emergency housing.
Held: ‘Clearly the mere assertion that an applicant’s claim ought to be considered cannot impose upon the local authority the onerous duty of making inquiries and . .
Cited – 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 . .

Cited by:

Cited – Griffin, Regina (on the Application of) v London Borough of Southwark Admn 29-Oct-2004
The applicant had sought emergency housing with her husband, but refused accomodation on a particuar estate for her safety. She had then been evicted form the temporary housing supplied on the application. After a series of temporary arrangements . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 30 April 2022; Ref: scu.219033

Delahaye 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, who is not entitled to permanent accommodation to obtain the continuous use of temporary accommodation by means of successive applications.

Judges:

Woolf J

Citations:

Times 29-Jul-1980

Cited by:

Cited – Griffin, Regina (on the Application of) v London Borough of Southwark Admn 29-Oct-2004
The applicant had sought emergency housing with her husband, but refused accomodation on a particuar estate for her safety. She had then been evicted form the temporary housing supplied on the application. After a series of temporary arrangements . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 30 April 2022; Ref: scu.219032

Sefton 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.

Citations:

(1987) 20 HLR 124

Statutes:

Housing Act 1985

Cited by:

Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 30 April 2022; Ref: scu.215922

Regina v North Devon District Council ex parte Lewis: 1988

The court was asked what the effect of the conduct of one member of a family might be on the classification of other members as being voluntarily homeless: ‘the fact that the Act requires consideration of the family unit as a whole indicates that it would be perfectly proper in the ordinary case for the housing authority to look at the family as a whole and assume, in the absence of material which indicates to the contrary, where the conduct of one member of the family was such that he should be regarded as having become homeless intentionally, that was conduct to which the other members of the family were a party.’

Judges:

Woolf J

Citations:

[1981] 1 WLR 328

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Thanet District Council ex parte Groves QBD 1993
The applicant lived with her husband and family in rented accomodation. The husband drank, and spent money which should have gone to the rent. Though she had some small involvement, she did not know of the extent of the rent arrears. He left, and . .
Cited – Regina v London Borough of Harrow ex parte Byrne Admn 28-Feb-1997
Application to review decision that applicant though in priority need was homeless through her own voluntary act in failing to pay rent.
Held: Sufficient evidence had been placed before the committee for it to be able to say that it could . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 30 April 2022; Ref: scu.214458

ex parte Sangeramano: 1985

When consideriung whether an applicant for housing was vulnerable, ‘The vulnerability to be considered is vulnerability loosely in housing terms or in the context of housing.’

Judges:

Hodgson J

Citations:

[1985] 17 HLR 94

Jurisdiction:

England and Wales

Cited by:

Approved – ex parte Banbury 1987
. .
Cited – ex parte Carroll 1988
The applicant for housing was said to have suffered ‘a major and irreversible handicap’ as a result of a childhood injury but who also was in the habit of drinking six or seven pints of beer a day.
Held: The court accepted the submission ‘that . .
Cited – Regina v London Borough of Camden ex parte Pereira CA 20-May-1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 30 April 2022; Ref: scu.200289

McGriel v Wake: CA 1984

Citations:

[1984] 13 HLR 134

Jurisdiction:

England and Wales

Citing:

Approved – Fayner v Bilton 1878
. .

Cited by:

Cited – English Churches Housing Group v Shine CA 7-Apr-2004
The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate . .
Lists of cited by and citing cases may be incomplete.

Housing, Damages

Updated: 30 April 2022; Ref: scu.198680

Salford City Council v Garner: CA 27 Feb 2004

The tenancy had been an introductory tenancy. The council sought to terminate the tenancy, delivering the papers to the court before the anniversary.
Held: The proceedings were not begun under the section until the court issued the claim form. That had occurred outside the twelve month period, and the trial tenancy had expired and the grounds were not applicable.
Maurice Kay LJ denied that there was any analogy between the provisions of the Civil Procedure Rules and the provisions of the Act: ‘In my judgment there is no such analogy. That specific provision is, as my Lord has demonstrated, based on earlier authority [Pritam Kaur] decided in the context of the bringing of proceedings for the purposes of the Limitation Act. Here the language in issue is not the ‘bringing of proceedings’ but the ‘beginning of proceedings’. Where there is a general provision aimed at a point of time at which proceedings are started it follows that the assimilation of when proceedings are begun and when they are started is conclusive. The extended meaning, given specifically in the context of the bringing of the proceedings for the purposes of the Limitation Act, has no bearing on the present circumstances.’

Judges:

Chadwick, Kay LJJ

Citations:

Times 10-Mar-2004, [2004] EWCA Civ 364

Statutes:

Housing Act 1996 130

Jurisdiction:

England and Wales

Cited by:

Cited – St. Helens Metropolitan Borough Council v Barnes CA 25-Oct-2006
The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 29 April 2022; Ref: scu.194568

Regina v Newcastle upon Tyne County Court, ex parte Thompson: 1988

Citations:

(1988) 20 HLR 430

Jurisdiction:

England and Wales

Cited by:

Cited – Loveridge and Loveridge v Healey CA 20-Feb-2004
The landowner sought to recover possession of land occupied under an agreement by a mobile home owner.
Held: It was necessary for the land owner to show that he had complied with the requirements under the Act. It was insufficient for the . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 29 April 2022; Ref: scu.194655

Regina v Westminster City Council ex parte M: 1997

Citations:

(1997) 1 CCLR 85

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (on the Application of Mani) v London Borough of Lambeth CA 9-Jul-2003
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing, Immigration

Updated: 29 April 2022; Ref: scu.185835

Marzari 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 in. He was evicted on the application of his public authority landlord following this failure. His complaint under article 8 was for lack of respect for his private life, but he also complained article 8.
Held: ‘that the applicant’s eviction from his apartment interfered with his rights under Article 8(1). The Court therefore has to examine whether the interference was justified under the terms of paragraph 2 of Article 8.’ In the result, the Court did not find ‘any appearance of a breach’ of article 8 on account of the authorities’ decision to proceed with the applicant’s eviction from his apartment. Article 8 does not ‘guarantee the right to have one’s housing problem solved by the authorities’. ‘To the extent that the ITEA aimed at recovering possession of the apartment on the ground that the applicant had ceased to pay the rent, the Court considers that the impugned decision had a legitimate purpose under paragraph 2 of Article 8, namely the protection of the rights of others.’

Citations:

(1999) 28 EHRR CD 175

Statutes:

European Convention on Human Rights 8

Cited by:

Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Cited – O’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 . .
Cited – Anufrijeva 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 . .
Cited – 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 . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Land, Housing

Updated: 29 April 2022; Ref: scu.185435

Khatun v United Kingdom: ECHR 1 Jul 1998

(Admissibility) The violation of the right to respect for their homes and family and private lives which was alleged by the applicants, arose because of the pollution of the area by dust caused by building works in the Docklands area. A distinction had been made between those applicants with a proprietary interest in the land and those without such an interest.
Held: ‘For the purposes of article 8 of the Convention, there is no such distinction. ‘Home’ is an autonomous concept which does not depend on classification under domestic law. Whether or not a particular habitation constitutes a ‘home’ which attracts the protection of article 8(1) of the Convention will depend on the factual circumstances, namely the existence of sufficient and continuous links (see Gillow v United Kingdom (1986) 11 EHRR 335). Even where occupation of the property is illegal, this will not necessarily prevent that occupation from being that person’s ‘home’ within the meaning of article 8 of the Convention (see Buckley v United Kingdom (1996) 23 EHRR 101). The Commission considers that article 8(1) applies to all the applicants in the present case whether they are the owners of the property or merely occupiers living on the property, for example the children of the owner of the property.’

Judges:

Pellonpaa, P

Citations:

(1998) 26 EHRR CD 212

Links:

Hudoc

Statutes:

European Convention on Human Rights 8

Cited by:

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

Human Rights, Housing

Updated: 29 April 2022; Ref: scu.185443

Ure 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 alleged interference with the applicant’s rights under the article was justified under paragraph (2) of the article.

Judges:

Liddy J P

Citations:

28027/95

Links:

Hudoc

Statutes:

European Convention on Human Rights 8.1 8.2

Cited by:

Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Updated: 29 April 2022; Ref: scu.185440

Regina v Canterbury City Council ex parte Gillespie: 1986

Citations:

[1986] 19 HLR 7

Jurisdiction:

England and Wales

Cited by:

Cited – Conway, Regina (on the Application of) v Mayor and Burgesses of the Borough of Charnwood Admn 17-Jan-2002
The applicant sought to be placed on the defendant borough’s rehousing list. She was disabled with four dependant children. She had family who would be able to help her if she moved. Before her appeal was heard the Borough changed its policy to . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 29 April 2022; Ref: scu.182198

Regina v Thanet District Council, ex parte Reeve: QBD 1981

A woman had been dismissed from employment for deliberate misconduct and had lost her tied accommodation. The council concluded that she had become intentionally homeless because she must have known that the consequence of her misconduct could be dismissal and the inevitable loss of her tied accommodation.
Held: The council’s approach was correct. What is involved in deciding whether or not the applicant is right is a decision as to remoteness. Some acts which a person does will lead indirectly to their becoming homeless, but if the acts are too remote from the consequence, then they will not render that person intentionally homeless. Other acts will be sufficiently proximate to render the person within the category of those who become homeless intentionally.
The correct interpretation of the words ‘in consequence’ in section 17(1) of the 1977 Act was that it raised a question of causation, and that the decision is to be made according to the remoteness of the actions.

Judges:

Woolf J

Citations:

(1981) 6 HLR 31, Times 25-Nov-1981

Statutes:

Housing (Homeless Persons) Act 1977 17

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v London Borough of Hounslow ex parte R Admn 19-Feb-1997
The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up . .
Approved – Devenport v Salford City Council CA 1983
A possession order was made because of the misconduct of the tenants and their children. The council made a finding of intentional homelessness, which was upheld by the Court of Appeal.
Held: For the purposes of the homelessness legislation, . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 28 April 2022; Ref: scu.181071

Salford City Council v McNally: QBD 19 Dec 1974

cw Public Health – Nuisance – Complaint by tenant – Local authority’s compulsory acquisition of house in clearance area – Local authority postponing demolition as house capable of providing accommodation of standard adequate for time being – House statutory nuisance – whether nuisance order appropriate
The local authority compulsorily acquired a house in a clearance area under the 1957 Act. They then decided that it provided an adequate level of accommodation and postponed demolition under the 1936 Act. The tenant claimed that it was a nuisance and that by virtue of what had already occurred, the council were fixed with notice.
Held: The property was unfit for habitation. The standards in the two Acts were not of a different level.

Judges:

Widgery LCJ, Melford Stevenson, Watkins JJ

Citations:

[1975] 1 WLR 365

Statutes:

Public Health Act 1936 94(2) 99, Housing Act 1957 48(1) 188

Citing:

Cited – Nottingham City District Council v Newton QBD 1974
The tenant had obtained an order finding his house to be a nuisance, and requiring it to be made habitable. The local authority had planned a slum clearance order, and was awaiting confirmation of the order.
Held: Once the magistrates found . .

Cited by:

Cited – Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Admn 31-Oct-1997
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the . .
Appeal from – Salford City Council v McNally HL 1976
The House considered the interaction of the 1936 and 1957 Acts as to the distinction between the questions of injury to health and fitness for human habitation: ‘It was not a defence to establish that the house, the subject of the complaint, was . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Housing

Updated: 28 April 2022; Ref: scu.178081

Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001

The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel within the authority district was sufficient.

Judges:

Mr Jack Beatson, QC

Citations:

Times 15-Nov-2001

Statutes:

Children Act 1989 17(1)(a), Housing Act 1996 190

Jurisdiction:

England and Wales

Citing:

Cited – Regina v London Borough of Lambeth ex parte Caddell Admn 9-Jun-1997
When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. . .
Cited – Regina v Kent County Council, Ex parte Salisbury and Pierre Admn 19-May-1999
Continuing duties of local authrity to children who have been in care on attaining majority. . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 28 April 2022; Ref: scu.166809

Watson v Rhondda Cynon Taff County Borough Council: Admn 29 Oct 2001

The defendant owned houses subject to multiple lettings. Upon receipt of repairs enforcement notices from the authority, the use was discontinued, the notices withdrawn, and the property remained empty. They sought relief from payment of council tax. They claimed that the property remained empty as a consequence of the notice, and was therefore exempt.
Held: the particular notices had not prohibited occupation.

Judges:

Gibbs J

Citations:

Gazette 15-Nov-2001

Statutes:

Council Tax (Exempt Dwellings) Order 1992 class G

Jurisdiction:

England and Wales

Housing, Rating

Updated: 28 April 2022; Ref: scu.166782

Parkins v City of Westminster: CA 20 Nov 1997

The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared.
Held: It was not possible to identify any property, whether the flat or a part of the flat, in respect of which both the conditions of essential living facilities and exclusive possession were satisfied. The tenant never had exclusive possession of an entire dwelling, but shared several elements with the rest of the house. The licence agreement made it clear that the right to occupy was a right to be shared with other persons also similarly authorised by the corporation.

Citations:

[1997] EWCA Civ 2775, [1998] 1 EGLR 22

Statutes:

Housing Act 1985 79 (1)

Jurisdiction:

England and Wales

Citing:

Cited – Westminster City Council v Clarke HL 29-Apr-1992
An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a . .
Cited – A G Securities v Vaughan; Antoniades v Villiers and Bridger HL 10-Nov-1988
In Antoniades, the two tenants occupied an attic, living together. Each had at the same time signed identical agreements purporting to create licences. The landlord had reserved to himself the right to occupy the property and to allow others to . .
Leave to appeal – Milton Parkins v Mayor and Burgesses of London Borough of Westminster CA 23-Jul-1997
Application for leave to appeal – possession order – whether letting to probationary teacher was an assured tenancy – leave granted. . .

Cited by:

Explained – 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 . .
Full Appeal – Milton Parkins v Mayor and Burgesses of London Borough of Westminster CA 23-Jul-1997
Application for leave to appeal – possession order – whether letting to probationary teacher was an assured tenancy – leave granted. . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 28 April 2022; Ref: scu.143174

Waltham Forest London Borough Council v Thomas: HL 22 Jul 1992

A person claiming a tenancy by succession by virtue of their occupation of the property with a deceased tenant for a period of 12 months, did not need that 12 months to have immediately preceded the death.

Citations:

Gazette 22-Jul-1992

Statutes:

Housing Act 1985 79

Jurisdiction:

England and Wales

Landlord and Tenant, Housing

Updated: 28 April 2022; Ref: scu.90275

Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996

Four asylum seekers had been deprived of benefits, and left destitute. They had sought housing assistance from the authority, claiming that the complete absence of resources left to them was an ‘other special reason’ leaving them vulnerable within s59.
Held: Such destitution was capable of being a reason within the Act, and the appeal against refusal of the assistance was allowed. Deprivation of asylum seekers of benefits made them vulnerable and in housing need. Case law suggested that the ejusdem generis rule should not be applied in construing the section so as to restrict its application.

Judges:

Simon Brown, Waite, Neill LJJ

Citations:

Times 10-Jul-1996, Independent 03-Jul-1996, [1996] 29 HLR 147

Statutes:

Housing Act 1988 59(1)(c), Social Security (Persons from Abroad) Miscellaneous Amendment Regulations 1996 30

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar QBD 1-May-1996
The words ‘other special reason’ for housing need within the section are to be to be read narrowly. The section was to be read as a whole and was not indended to cover impecuniosity through the denial of benefits. . .
Doubted – Ortiz v City of Westminster CA 1994
The applicant was a twenty four year old woman with a history of drug addiction and alcoholism. There was in fact suitable hostel accommodation available which had been offered to the applicant at the relevant time and it was hard to see why she . .
Approved – Wilson v Nithsdale District Council 1992
An eighteen year old girl had been sexually assaulted, was unable to return home, had been expelled from a hostel for suspected theft and was said to be at risk of further sexual assault if not provided with suitable accommodation. She sought . .

Cited by:

Cited – Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
Cited – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Lists of cited by and citing cases may be incomplete.

Immigration, Housing

Updated: 28 April 2022; Ref: scu.87058

Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996

The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at the grandmother’s property; at the expiry of the three months had been unable with his wife to find other accommodation for them both; and so had moved alone back to the grandmother’s property. He sought a succession to the tenancy. The authority asserted that he had ceased to reside there.
Held: The possession orer was set aside. A tenancy succession right was not lost by a temporary and conditional move away.

Judges:

Thorpe LJ

Citations:

Times 01-Apr-1996, (1996) 28 HLR 727

Statutes:

Housing Act 1985 87 91(3)(c)

Jurisdiction:

England and Wales

Citing:

Cited – Brickfield Ltd v Hughes CA 1988
In considering whether a secure tenancy was lost by the tenant abandoning his residence there, the court set out the applicable principles. Where absence is more prolonged than is to be explained by holiday or ordinary business reasons and is . .

Cited by:

Cited – Steven We Ping Wall v Sheffield City Council CA 23-Mar-2006
The appellant had been fostered by the deceased, and on her death continued to live in her house held under a secure tenancy of the respondent. The council sought possession, saying that he was not a member of the deceased’s family within section . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 28 April 2022; Ref: scu.78848

Credit Suisse and Another v Waltham Forest London Borough Council: CA 20 May 1996

Parliament had made detailed provision in a number of Acts for the discharge of the housing duties by local authorities. These detailed provisions did not contain a power to give a guarantee in connection with a bank loan to a company which the local authority had formed to assist in the acquisition and development of housing for its statutory housing functions.
Held: A Local Authority may not use an independent company to discharge its housing duties; a loan guarantee given to support the company was ultra vires and void.
Neil LJ said: ‘where Parliament has made detailed provisions as to how certain statutory functions are to be carried out there is no scope for implying the existence of additional powers which lie wholly outside the statutory code. Section 111(3) makes it clear that the power to enter into financial obligations is subject to any statutory controls which may be imposed’
Peter Gibson LJ added: ‘I agree with Neill L.J. that, having regard to the detailed statutory scheme governing the housing functions of a local authority and in particular the express provisions relating to raising money to provide housing and to giving financial assistance to others to acquire housing, there is no scope for treating section 111 as authorising a local authority to give a guarantee and indemnity such as were given in the present case. It is simply inconsistent with the statutory scheme that a local authority should have the power to set up a company and give a guarantee of the company’s liabilities and an indemnity.’

Judges:

Neill, Peter Gibson LJJ

Citations:

Times 20-May-1996, [1997] QB 362

Statutes:

Local Government Act 1972 111

Jurisdiction:

England and Wales

Citing:

Appeal from – Credit Suisse and Another v Waltham Forest London Borough Council QBD 8-Nov-1994
A Council was not acting ultra vires in establishing a company to lease properties to the homeless. . .

Cited by:

Cited – Khan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
Cited – Kilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
Cited – British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another Admn 20-Apr-2011
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They . .
Lists of cited by and citing cases may be incomplete.

Local Government, Housing

Updated: 28 April 2022; Ref: scu.79607

Devenport v Salford City Council: CA 1983

A possession order was made because of the misconduct of the tenants and their children. The council made a finding of intentional homelessness, which was upheld by the Court of Appeal.
Held: For the purposes of the homelessness legislation, ‘deliberately’ governs only the act or omission and not the homelessness.

Judges:

Fox LJ and Waller LJ

Citations:

(1983) 8 HLR 54

Jurisdiction:

England and Wales

Citing:

Approved – Regina v Thanet District Council, ex parte Reeve QBD 1981
A woman had been dismissed from employment for deliberate misconduct and had lost her tied accommodation. The council concluded that she had become intentionally homeless because she must have known that the consequence of her misconduct could be . .

Cited by:

Cited – Regina v London Borough of Hounslow ex parte R Admn 19-Feb-1997
The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up . .
Approved – Regina 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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 28 April 2022; Ref: scu.181072

Regina v Westminster London Borough Council ex parte Al-Khorsan: QBD 14 Dec 1999

Having set aside a number of houses for the homeless, the local authority then failed, when allocating places, to consider the remaining and relevant statutory tests for deciding who should get what place.
Held: The statutory criteria remained relevant, and the homelessness as such was not sufficiently serious to overwhelm other considerations. The policy was unlawful.

Judges:

Latham J

Citations:

Times 21-Jan-2000, [1999] EWHC 835 (Admin), (2001) 33 HLR 6

Links:

Bailii

Statutes:

Housing Act 1996 Part VI

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 28 April 2022; Ref: scu.88705

London Borough of Bromley v Broderick: CA 16 Nov 2020

Implications of the refusal by the respondent of an offer of accommodation made by the appellant, the London Borough of Bromley. The Council notified Miss Broderick that it regarded the duty which it had owed her under section 193 of the Housing Act 1996 (‘the 1996 Act’) as having ceased as a result of the refusal.

Judges:

Lord Justice Newey

Citations:

[2020] EWCA Civ 1522

Links:

Bailii

Statutes:

Housing Act 1996 193

Jurisdiction:

England and Wales

Housing

Updated: 27 April 2022; Ref: scu.656008

Hussain and Others v London Borough of Waltham Forest: UTLC 5 Nov 2019

Housing – Licensing under parts 2 and 3 of the Housing Act 2004 – requirement for a licence holder to be a ‘fit and proper person’ – Rehabilitation of Offenders Act 1974 – treatment of spent convictions of a rehabilitated person and related criminal proceedings – admissibility of conduct underlying a conviction – the test to be applied under s. 7(3) of the 1974 Act

Judges:

The President, the Hon. Sir David Holgate and Judge Siobhan McGrath

Citations:

[2019] UKUT 339 (LC), [2020] WLR(D) 227, [2020] 1 WLR 2723

Links:

Bailii, WLRD

Statutes:

Rehabilitation of Offenders Act 1974

Jurisdiction:

England and Wales

Citing:

Cited – Dickinson v Yates CA 27-Nov-1986
The claimant sought damages against the police for assault, wrongful arrest, false imprisonment and malicious prosecution arising from an arrest for a suspected drink-driving offence. He was acquitted of charges of assaulting a police officer in the . .
Cited – Clifford v Clifford 1961
The court stated the common law position of the cross examination of a defendant on his antecedents. Cairns J said: ‘The range of permissible cross-examination as to credit is, however, a very wide one. It has never, I think, been doubted that a . .

Cited by:

Appeal from – Hussain and Others v The London Borough of Waltham Forest CA 19-Nov-2020
Facts of Spent Conviction Admissible at Common Law
The claimants sought licenses to manage houses in multiple occupation, but were refused, the council relying on spent convictions. The claimants sought summarily to strike out those parts of the pleadings referring to the spent convictions.
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 27 April 2022; Ref: scu.646008

Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018

The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’

Citations:

[2018] EWHC 1996 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, European, Local Government, Licensing

Updated: 26 April 2022; Ref: scu.621440

Lomax v Gosport Borough Council: CA 1 Aug 2018

The court was asked whether Gosport BC correctly applied sections 175 and 177 of the 1996 Act in concluding that it was reasonable for a severely disabled applicant for housing to continue to occupy her accommodation.

Citations:

[2018] EWCA Civ 1846

Links:

Bailii

Statutes:

Housing Act 1996 175 177

Jurisdiction:

England and Wales

Housing

Updated: 25 April 2022; Ref: scu.620606

Sambotin, Regina (on The Application of) v The London Borough of Brent: CA 31 Jul 2018

Reasons for dismissal of claim – whether a local housing authority can reconsider its determination of an applicant’s eligibility for assistance under Part VII of the 1996 Act after it has made a ‘local connection’ referral to another authority.

Citations:

[2018] EWCA Civ 1826

Links:

Bailii

Statutes:

Housing Act 1996

Jurisdiction:

England and Wales

Housing

Updated: 25 April 2022; Ref: scu.620477

XPQ v The London Borough of Hammersmith and Fulham: QBD 7 Jun 2018

The claimants said that the defendant housing authority had failed in its duties toward her as a victim of sex trafficking to provide her with accommodation as a homeless person.
Held: The claim failed.

Judges:

Langstaff J

Citations:

[2018] EWHC 1391 (QB), [2018] WLR(D) 349

Links:

Bailii

Statutes:

Parliament and Council Directive 2011/36/EU

Jurisdiction:

England and Wales

European, Local Government, Housing

Updated: 25 April 2022; Ref: scu.620077

TW and Others, Regina (on The Application of) v London Borough of Hillingdon and Another: Admn 13 Jul 2018

The Claimants challenged the Social Housing Allocation Policy of the Borough in so far as it provided: (1) a condition that only households with at least 10 years’ continuous residence in-borough qualify to join the three welfare-based bands (A-C) of its housing register; (2) #additional preference for such households who are in Bands C and B of the housing register, and (3) additional preference for those in Bands C and B who are working households on low income.

Citations:

[2018] EWHC 1791 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing

Updated: 25 April 2022; Ref: scu.619928

Hexlink Ltd T/A Excel Property v London Borough of Camden: FTTGRC 12 Jun 2018

Professional Regulation – failure to publicise details of the client money protection scheme

Citations:

[2018] UKFTT PR – 2017 – 0041

Links:

Bailii

Statutes:

Consumer Rights Act 2015 83(6)

Jurisdiction:

England and Wales

Consumer, Landlord and Tenant, Housing

Updated: 24 April 2022; Ref: scu.618879

Silks Estates (Yorkshire) Ltd v Leeds City Council: FTTGRC 21 Mar 2018

Appeal against a Final Notice in which the Council imposed a financial penalty of 2,500 pounds on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.
Held: Penalty increased

Citations:

[2018] UKFTT PR – 2017 – 0043

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618870

The Vita Property Group v London Borough of Camden: FTTGRC 19 Apr 2018

Professional Regulation – alleged failure to publish full details of agents tenant fees on their website and details of agents landlord fees on their website

Citations:

[2018] UKFTT PR – 2017 – 00045

Links:

Bailii

Statutes:

Consumer Rights Act 2015 83

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618876

Station Estates v London Borough of Newham v London Borough of Newham: FTTGRC 9 Jan 2018

Professional Regulation – appeals against a penalty charge of 10,000 pounds related to failure to publicise details of fees and a client money protection statement

Citations:

[2018] UKFTT PR – 2017 – 0024

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618867

Yasir and Co Ltd v London Borough of Newham: FTTGRC 21 Mar 2018

appeal against a Final Notice in which the Council imposed a financial penalty on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.

Citations:

[2018] UKFTT PR – 2017 – 0031

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618872

Lets4U v North Kesteven District Council: FTTGRC 29 May 2018

Professional Regulation – failure to belong to redress scheme

Citations:

[2018] UKFTT PR – 2017 – 0050

Links:

Bailii

Statutes:

Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc. (England) Order 2014

Jurisdiction:

England and Wales

Housing, Consumer

Updated: 24 April 2022; Ref: scu.618877

Witney Properties Ltd v West Oxfordshire District Council: FTTGRC 15 Feb 2018

Appeal against a Final Notice imposing a financial penalty of 5,000 pounds on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.
Held: Refused

Citations:

[2018] UKFTT PR – 2017 – 0016

Links:

Bailii

Statutes:

Consumer Rights Act 2015 Sch 9

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618868

Baraka, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 Jun 2018

The Claimant seeks to challenge the failure of the Defendant to provide him with accommodation under section 4 of the Immigration and Asylum Act 1999 so as to enable his release on bail from immigration detention.

Citations:

[2018] EWHC 1549 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, Immigration

Updated: 24 April 2022; Ref: scu.618414

Salford City Council v McNally: HL 1976

The House considered the interaction of the 1936 and 1957 Acts as to the distinction between the questions of injury to health and fitness for human habitation: ‘It was not a defence to establish that the house, the subject of the complaint, was occupied by reason of section 48 of the Housing Act 1957 and was maintained in accordance with the standard laid down section 48(1), since a house unfit for human habitation within the Act of 1957 might not be prejudicial to be health or a nuisance the Act of 1936 and accordingly section 48 of the Act of 1957 did not dispense from public health requirements under the Act of 1936.’
Lord Wilberforce said: ‘In conclusion I would only add a few words as to the task of magistrates dealing with the Public Health Act 1936. They should, in the first place, keep close to the wording of the Act and ask themselves, after they have found the condition of the premises, the questions (i) is the state of the premises such as to be injurious or likely to cause injury to be health, or, (ii) is it a nuisance? To consider these questions in terms of fitness or unfitness for human habitation is undesirable and is likely to confuse. And the magistrate should find specifically under which limb the case falls. If he answers either question in the affirmative he must make an abatement order, and he should, if possible, make this as specific as he can, rather than order in general terms to abate the stautory nuisance. That may lead to difficulties in cases like the present. In making the order the magistrate should take into account the circumstances in which the property is being occupied including, of course, the likely duration of the occupation.’
Lord Edmund-Davies said that the premises were ‘at the material time prejudicial to the health of its occupier’, and ‘Be that as it may, no. 20 Johnson Street being at the material time undoubtedly a ‘a statutory nuisance,’ i.e., injurious to the health of the occupier . .’

Judges:

Lord Wilberforce, Lord Edmund-Davies

Citations:

[1976] AC 379

Statutes:

Public Health Act 1936, Housing Act 1957 48

Jurisdiction:

England and Wales

Citing:

Appeal from – Salford City Council v McNally QBD 19-Dec-1974
cw Public Health – Nuisance – Complaint by tenant – Local authority’s compulsory acquisition of house in clearance area – Local authority postponing demolition as house capable of providing accommodation of . .

Cited by:

Cited – Birmingham City Council v Oakley HL 29-Nov-2000
When considering if premises fell within the section, and were ‘in such a state as to be prejudicial to health’, the court must consider some feature of the premises which was in itself prejudicial. An arrangement of rooms which was unsatisfactory . .
Cited – National Coal Board v Thorne 2-Jan-1976
Complaint was made as to the failure to repair a property, and the duty to abate the resulting nuisance. Watkins J said: ‘Speaking for myself I would adopt the words of Lord Wilberforce so as to state that a nuisance cannot arise if what has taken . .
Cited – Cunningham v Birmingham City Council Admn 6-May-1997
The council appealed against the finding that the complainant’s premises occupied under a tenancy of the council, constituted a statutory nuisance which they had a duty to abate. The claimant’s son was disabled and his condition involved behavioural . .
Lists of cited by and citing cases may be incomplete.

Housing, Nuisance

Updated: 24 April 2022; Ref: scu.182876

McDonagh, Regina (on The Application of) v London Borough of Enfield: Admn 24 May 2018

Claim for damages for breach of Article 8 of the European Convention on Human Rights arising out of alleged breaches of statutory duty under Part VII of the Housing Act 1996.

Citations:

[2018] EWHC 1287 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, Human Rights

Updated: 23 April 2022; Ref: scu.618117

Worthington and Another v Metropolitan Housing Trust Ltd: CA 17 May 2018

Appeal by the defendant housing association against a judgment holding that the Association had unlawfully harassed two of its tenants contrary to s1 of the 1997 At.

Judges:

Kitchin LJ, Rose J

Citations:

[2018] EWCA Civ 1125

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 1

Jurisdiction:

England and Wales

Housing, Torts – Other

Updated: 22 April 2022; Ref: scu.616342

WB v W District Council: CA 26 Apr 2018

The Court was asked whether and when n a person who is homeless and suffers from mental illness may apply for housing under Part VII of the Housing Act 1996 (‘HA 1996’).

Judges:

Arden, Lewison, Asplin :JJ

Citations:

[2018] EWCA Civ 928, [2018] WLR(D) 256

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Housing

Updated: 20 April 2022; Ref: scu.614919

Briddon v George: CA 1936

The appellant had bought the house with the defendant as a sitting tenant. He sought possession, saying that he required the house to live in himself, and offered alternative accomodation which had no garage.
Held: The provisions as to whether alternative accomodation was reasonable did not come into play when an appropriate alternative was offered. The Act applied to residential accomodation only, and therefore the garage was not a material consideration.

Citations:

[1936] 1 All ER 609

Statutes:

Rent Restriction Act 1933

Jurisdiction:

England and Wales

Housing

Updated: 20 April 2022; Ref: scu.246040

Redspring 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 was refused. A court when assessing the suitabiity of alternative accomodation offered by a landlord may take into account the character of the neighbourhood of the new premises, which in this case had a nearby fish shop, hospital, cinema and public house all on a busy road. However objections must relate to the character of the new property itself.

Citations:

[1973] 1 All ER 640, [1973] 1 WLR 134, [1973] 117 Sol Jo
57

Jurisdiction:

England and Wales

Cited by:

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

Housing

Updated: 20 April 2022; Ref: scu.246044

Warren v Austen: CA 1947

When looking at the reasonableness of ordering possession against a tenant, the court must take into account the surrounding circumstances in a broad commonsense way as a man of the world. In this case the tenant wanted any alternative to include a facility for taking in lodgers.

Citations:

[1947] 2 All ER 185

Jurisdiction:

England and Wales

Housing

Updated: 20 April 2022; Ref: scu.246043

Bird v Hildage: CA 1947

A landlord of a rent-controlled property sought possession from the statutory tenant saying he was in arrears with his rent.
Held: Cohen LJ said: ‘Section 3 and Schedule l (of the 1933 Act) lay down the circumstances in which the court may make an order or give a judgment for recovery of possession, and we think that, in reaching a conclusion whether any rent is lawfully due and has not been paid, the court must look at the date of institution of the proceedings by which the landlord is seeking to recover possession. The rights of the parties crystallised at that date, and nothing happening thereafter could, in our opinion, deprive the court of jurisdiction to make an order for recovery of possession, if the court thought it reasonable so to do . . Before the court can have jurisdiction the landlord must prove two things, namely, (1) that some rent was lawfully due from the tenant at the date of institution of the proceedings, and (2) that such rent was unpaid.’

Judges:

Cohen LJ

Citations:

[1947] 2 All ER 7, [1948] 1 KB 91, [1948] 177 LT 97, [1948] 63 TLR 405, [1948] 91 Sol Jo 559

Statutes:

Rent and Mortgage Interest Restrictions (Amendment) Act l933 3 Sch 1

Jurisdiction:

England and Wales

Housing

Updated: 20 April 2022; Ref: scu.246045

Clarke v Grant: CA 1950

Lord Goddard CJ said: ‘if a notice to quit has been given in respect of a periodic tenancy such as a yearly tenancy, the result is to bring the tenancy to an end just as effectually as if there had been a term which had expired.’

Judges:

Lord Goddard CJ

Citations:

[1950] 1 KB 104

Jurisdiction:

England and Wales

Cited by:

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

Housing, Landlord and Tenant

Updated: 20 April 2022; Ref: scu.251727

Quick v Taff Ely Borough Council: CA 1986

Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to keep in repair the structure and exterior of the dwelling-house. Section 32(3) provided that, in determining the standard of repair required by the lessor’s repairing covenant, regard is to be had to the age, character and prospective life of the dwelling-house and the locality in which it is situated. The house was built in accordance with the regulations in force and standards accepted at the time it was built.
Held: A landlord of a dwelling-house is obliged by a repairing covenant only to restore the house to its previous good condition. He does not have to make it a better house than it originally was. Dillon LJ said that: ‘disrepair is related to the physical condition of whatever has to be repaired and not questions of lack of amenity or inefficiency.’

Judges:

Lawton LJ, Dillon LJ, Neill LJ

Citations:

[1986] QB 809, [1985] 3 All ER 321, [1985] EWCA Civ 1, 18 HLR 66, [1985] 3 WLR 981, 276 EG 452, [1985] EGLR 50, 84 LGR 498

Links:

Bailii

Statutes:

Housing Act 1957 6, Housing Act 1961 32(1)

Jurisdiction:

England and Wales

Citing:

Cited – Elmcroft Developments Ltd v Tankersley-Sawyer CA 1984
The premises were a part of a late Victorian purpose-built mansion block consisting of 27 flats, including seven basement flats. They formed part of a larger terrace of buildings of a similar character and provided high-class accommodation in a . .
Cited – Ravenseft Properties Ltd v Davstone (Holdings) Ltd QBD 30-Oct-1978
It was a question of degree whether the work carried out on a building was a repair or work that so changed the character of the building as to involve giving back to the landlord a wholly different building to that demised. . .
Cited – Pembery v Lamdin CA 1940
There was an obligation on the landlord to keep the premises in repair in the condition in which they were demised. The premises were ground floor and basement premises which were let for the purpose of providing accommodation for the public for . .
Cited – Wainwright v Leeds City Council CA 1984
The court considered the landlord’s covenant for repair of residential property.
Held: The installation of a damp-course in property which did not previously have one was not a repair: ‘applying the facts of that case to the facts of this . .
Cited – Smedley v Chumley and Hawke Ltd CA 1981
Damage to a recently constructed restaurant built on a concrete raft on piles over a river could be cured only by putting in further piles so that the structure of the walls and roof of the restaurant were stable and safe upon foundations made . .

Cited by:

Cited – Lee v Leeds City Council; Ratcliffe and Others v Sandwell Metropolitan Borough Council CA 21-Jan-2002
The claimants were tenants who sought damages from their local authority landlords, for failing to remedy defects such as mould, mildew, and condensation in the dwellings let to them. The defects were a result of the design of the building. They . .
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Cited – Southwark London Borough Council v McIntosh ChD 2002
The tenant occupied a maisonette under a secure tenancy of the plaintiff. She sought damages for breach of the repairing covenant implied under s11. Questions arose as to whether L should have told her not to dry clothes in a heated cupboard so as . .
Cited – Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney CA 19-Nov-1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .
Cited – Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others CA 27-Jul-2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty . .
Cited – Hussain 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 . .
Cited – Post Office v Aquarius CA 2-Jan-1985
The tenant’s covenants included an obligation ‘to keep in good and substantial repair . . the demised premises and every part thereof.’
Held: A repairing covenant does not require a defect in design to be made good. One cannot have an existing . .
Cited – Jackson v J H Watson Property Investment Ltd QBD 7-Jan-2008
The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied . .
Cited – McNerny v London Borough of Lambeth CA 1988
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions.
Held: The legislature had ‘conspicuously . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 20 April 2022; Ref: scu.182086

YA v London Borough of Hammersmith and Fulham: Admn 27 Jul 2016

Claim by way of judicial review challenging the Defendant’s decision to refuse to enter the Claimant on the Defendant’s housing register.
Held:

Judges:

Marquand DHCJ

Citations:

[2016] HLR 39, [2016] EWHC 1850 (Admin)

Links:

Bailii

Statutes:

Rehabilitation of Offenders Act 1974 4(1)

Jurisdiction:

England and Wales

Cited by:

Overruled – Hussain and Others v The London Borough of Waltham Forest CA 19-Nov-2020
Facts of Spent Conviction Admissible at Common Law
The claimants sought licenses to manage houses in multiple occupation, but were refused, the council relying on spent convictions. The claimants sought summarily to strike out those parts of the pleadings referring to the spent convictions.
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 12 April 2022; Ref: scu.567658

Peachy Property Corporation v Robinson: 1967

The landlod issued proceedings to recover possession of property subject to a statutory tenancy on a discretionary ground. The tenant did not answer and the landlord obtained judgment by default. The tenant applied to have the possession order set aside.
Held: It was a necessary part of the ground for possession that the court consider whether it was reasonable to make the order. The order by default was defective and was set aside.

Citations:

[1967] 2 QB 543

Jurisdiction:

England and Wales

Housing

Updated: 12 April 2022; Ref: scu.260336

Family Housing 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.
Held: The court found that a licence granted to satisfy a housing duty was a tenancy.
Slade LJ rejected an argument that there existed special circumstances whereby the defendant, albeit in exclusive possession of the premises, was not a tenant.

Judges:

Balcombe LJ, Farquarson LJ, Slade LJ

Citations:

[1990] 1 WLR 779

Jurisdiction:

England and Wales

Cited by:

Cited – National 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 . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 12 April 2022; Ref: scu.216560

Ainsdale Investments Ltd v First Secretary of State and Another: QBD 14 May 2004

The property was mixed commercial and residential use. It was in poor repair, and the local authority resolved for its compulsory purchase. The company challenged the decision saying the wrong tests had been applied.
Held: The challenge was in effect to the inspector’s decision. S17 did authorise a resolution if there was mixed use, if the acquisition of the commercial parts was incidental to that of the residential parts. There was no basis for an ‘absolute necessity’ test. The test was whether the property was properly called a house.

Judges:

Owen J

Citations:

Times 02-Jun-2004, Gazette 03-Jun-2004

Statutes:

Housing Act 1985 17, Acquisition of Land Act 1981

Jurisdiction:

England and Wales

Housing

Updated: 12 April 2022; Ref: scu.198678

Murray Bull and Co v Murray: QBD 21 Nov 1951

The defendant was appointed manager of the company and granted a seven year lease whixh would terminate also on the earlier end of his appointment. He continued to hold after the term expired. His employment finished and he held over on a licence under which he agreed to leave when asked or as soon as he found alternative premises. He was asked to leave but did not.
Held: The proper inference from the correspondence was that he held over eventualy as a mere licensee, and without protection as a tenant.

Judges:

McNair J

Citations:

[1952] CLY 1969

Jurisdiction:

England and Wales

Housing

Updated: 12 April 2022; Ref: scu.191969

Regina v Newham London Borough Council, Ex Parte Medical Foundation for the Care of Victims of Torture and Others: QBD 26 Dec 1997

The requirement to provide accommodation did not necessarily include a requirement for provision of board. Any such requirement must be justified by some other section of the Act.

Citations:

Times 26-Dec-1997

Statutes:

National Assistance Act 1948 Part III

Jurisdiction:

England and Wales

Benefits, Local Government, Housing

Updated: 10 April 2022; Ref: scu.88569

Regina v Wandsworth London Borough Council Ex Parte Hawthorne: CA 14 Jul 1994

A failure to pay rent and loss of a home which was caused by the tenant’s own poverty is not necessarily to be treated as intentional homelessness.

Citations:

Gazette 12-Oct-1994, Independent 28-Jul-1994, Times 14-Jul-1994, [1994] 27 HLR 59

Statutes:

Housing Act 1985 60(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Eston Bernard v London Borough of Enfield CA 4-Dec-2001
The applicant sought review of a decision by the local authority that he was intentionally homeless through a failure to pay his rent. He appealed a rejection of leave to appeal, and his appeal was with regard to the adequacy of the reasons given by . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 10 April 2022; Ref: scu.88252

Regina v Westminster City Council ex parte N’Dormadingar: QBD 14 Oct 1997

The failure of the applicant to make proper preparations for a house move is a proper consideration when assessing intentional homelessness.

Judges:

Lightman J

Citations:

Times 20-Nov-1997

Statutes:

Housing Act 1988 60(3)

Cited by:

Cited – F v Birmingham City Council CA 2-Nov-2006
The applicant sought housing as a homeless person with her children. The authority found her in priority need, but intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 10 April 2022; Ref: scu.88293

Regina v Newham London Borough Council Ex Parte Smith: QBD 11 Apr 1996

The local connection test for rehousing may be applied as at the date of the application for housing: ‘In my judgment a local authority may properly ask itself whether the applicant had a local connection . . at the date of the application under Part III of the Housing Act, 1985 so long as it is prepared to review its decision in that regard should the delay in its investigations under Section 62 be prolonged in such a way as to call for a reconsideration of its decision on referral.’

Judges:

Sir Louis Blom Cooper QC

Citations:

Times 11-Apr-1996, [1996] 29 HLR 213

Statutes:

Housing Act 1985 Part III

Cited by:

Cited – Ealing London Borough Council v Surdonja etc CA 21-Jan-2000
When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 09 April 2022; Ref: scu.87434