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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Housing - From: 1960 To: 1969

This page lists 12 cases, and was prepared on 27 May 2018.


 
 White v Elmdene Estates Ltd; CA 1960 - [1960] 1 QB 1
 
Tickner v Hearn [1960] 1 WLR 1406
1960


Housing
A temporary absence of a tenant who intends to return to live in the premises within a reasonable period will not deprive him of the protection of the Rent Acts, provided always that there is “a real hope coupled with the practical possibility of its fulfilment within a reasonable time.” In this case the tenant was absent for six years in a mental hospital, but retained her tenancy. Her daughter and her furniture had remained in the flat.

 
Isaac v Hotel de Paris Ltd [1960] 1 WLR 239
1960


Housing

1 Citers



 
 Elmdene Ltd v White; HL 1-Feb-1960 - [1960] AC 528
 
Ross v Collins [1964] 1 WLR 425
1964
CA
Russell LJ
Housing
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 sought the right to continue to occupy the premises. Held: "Granted that 'family' is not limited to cases of a strict legal familial nexus, I cannot agree that it extends to a case such as this. It still requires, it seems to me, at least a broadly recognisable de facto familial nexus. This may be capable of being found and recognised as such by the ordinary man--where the link would be strictly familial had there been a marriage, or where the link is through adoption of a minor, de jure or de facto, or where the link is 'step-', or where the link is 'in-law' or by marriage. But two strangers cannot, it seems to me, ever establish artificially for the purposes of this section a familial nexus by acting as brothers or as sisters, even if they call each other such and consider their relationship to be tantamount to that. Nor, in my view, can an adult man and woman who establish a platonic relationship establish a familial nexus by acting as a devoted brother and sister or father and daughter would act, even if they address each other as such and even if they refer to each other as such and regard their association as tantamount to such. Nor, in my view, would they indeed be recognised as familial links by the ordinary man."
1 Citers



 
 Glasgow Corporation v Johnstone and Others (orse Johnstons); HL 1965 - [1965] 2 WLR 657; [1965] AC 609
 
Commissioner of Valuation for Northern Ireland v Fermanagh Protestant Board of Education [1960] 24 HLR 605 CA
1965
CA

Housing, Northern Ireland

1 Citers


 
Peachy Property Corporation v Robinson [1967] 2 QB 543
1967


Housing
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.


 
 Peachey Property Corporation Limited v Robinson; 1967 - [1967] 2 QB 543
 
Metropolitan Properties Company (FGC) Limited v Lannon [1968] RVR 490; [1968] EWCA Civ 5; [1968] 3 All ER 304; [1968] 3 WLR 694; (1968) 19 P & CR 856; [1969] 1 QB 577
11 Jul 1968

Lord Denning MR, Danckwerts LJ, Edmund Davies LJ
Housing, Natural Justice
Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were then set at a rate lower even than they had requested. The rents would serve as a guide for other local rents. The landlords now complained that the chairman of the Rent Assessment Committee had been assisting his own father in negotiating a rent for such a local property, and had represented other tenants. They complained of bias. Held: He should not have sat. It was accepted that he had had no pecuniary interest himself, and had acted scrupulously. It was a question of whether there was any appearance of bias.
Lord Denning MR considered the test for apparent bias, and said: "The court looks at the impression which would be given to other people. Even if he was as impartial as could be, nevertheless if right-minded persons would think that, in the circumstances, there was a real likelihood of bias on his part, then he should not sit. And if he does sit, his decision cannot stand."
Rent Act 1965
1 Citers

[ Bailii ]
 
McDonnell v Daly [1969] 3 All ER 851
1969


Housing
The tenant objected to alternative accommodation offered by his landlord. Held: The offered property was not suitable. The tenant was an artist and the new accommodation did not offer a space suitable as a studio.

 
Marsh Ltd v Cooper [1969] 1 WLR 803
1969


Housing
Whether premises were let as a separate dwelling.
1 Citers


 
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