swarb.co.uk - law index
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: 1993 To: 1993
This page lists 31 cases, and was prepared on 27 May 2018.
Regina (Gibson) v The Housing Benefit Review Board for East Devon; CA 1993 - (1993) 25 HLR 487
Regina v Thanet District Council ex parte Groves [1993] 22 HLR 223
1993
QBD
Mr Justice Roach
Housing
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 she struggled to restore the position, but failed. She appealed a decision that she was intentionally homeless. Held: The decision was quashed. It was not clear that the evidence which referred to the Applicant's efforts to cause payment to be made, before her husband left, had been put to the committee which determined that she was intentionally homeless: "It is not clear from the evidence put in by the respondents that the sub-committee was made aware of and took into account Mrs Groves's assertions that she was not responsible for, nor did she acquiescence in, the arrears of rent which had accumulated prior to May 2 1987." There were sufficient contra-indications to rebut the assumption that the wife was party to the husband's failure to pay rent.
1 Cites
1 Citers
Panayi and Pyrkos v Roberts [1993] 2 EGLR 51; [1993] 25 HLR 421
1993
CA
Mann LJ
Housing
A shorthold tenancy notice was issued before the tenancy began, but it gave the wrong date for termination. Held: The prescribed form required the correct termination date. A notice with a wrong date is not substantially the same as one with a correct date. The tenancy was therefore not an assured shorthold tenancy, and the section 20 notice was ineffective to terminate the tenancy. "There is a statutory pre-condition that a notice should have been served in the prescribed form. The prescribed form requires for completion a specification of the date on which the tenancy in respect of which a notice is served both commences and ends. The narrow issue is whether a notice which gives a wrong date (here a termination) is "substantially to the same effect" as one which gives the correct date. Authority and an evident error apart, I find it difficult to say that it was. By "evident error" I mean an error which would have been evident to a person with the ordinary qualities of the addressee. I would exclude a quality of obtuseness as being extraordinary. The writing of "1793" for "1993" would be an evident error. The writing in this case of "May" rather than "November" in my judgment would be a perplexity rather than an evident error to an ordinary recipient proposing and taking a tenancy of [and then the name of the property is given] ..." and "A notice with an incorrect date is not substantially to the same effect as a notice with the correct date, and in this case the mistake was not obvious." and "I wish to give no encouragement to arguments which are based on what were described to us as "slips of the pen" and which I have exemplified as "1793" for "1993". However, an insistence on accuracy seems to me likely to simplify the task of the County Court and more importantly to enable tenants to know with certainty of their status."
Housing Act 1988 20 21
1 Citers
Kingston upon Thames Royal Borough Council v Prince (1993) 31 HLR 794
1993
Hale J, Roch LJ
Housing, Land, Children
A minor could succeed to a secure tenancy under the 1985 Act. Hale J said: "A minor can hold an equitable tenancy of any property, including a council house." quoting the Law commission which said: "Moreover the statutory provisions do not restrict a minor's ability to acquire an equitable interest in land: there is nothing to prevent a would-be lessor granting an equitable tenancy to a minor. The desired result can be achieved by the lessor's entering into a contract with the minor to grant him a lease on the agreed terms, followed by the minor's entry into possession of the property let."
Housing Act 1985
1 Citers
Baker v Baker and Another; CA 23-Feb-1993 - Gazette, 07 April 1993; Independent, 06 April 1993; Times, 23 February 1993
Taylor v Newham London Borough Council; CA 1-Mar-1993 - Ind Summary, 01 March 1993
Sheffield City Council v Jepson; CA 1-Mar-1993 - Ind Summary, 01 March 1993; (1993) 25 HLR 299
Regina v Wycombe District Council ex parte Hazeltine Independent, 09 March 1993
9 Mar 1993
CA
Housing
Council's Housing offer was insufficient - properly rejected.
Housing Act 1985 65(2) 69(1)(b)
Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar; HL 19-Mar-1993 - Gazette, 07 July 1993; Independent, 19 March 1993; [1993] 2 All ER 65; [1993] 2 WLR 609; [1993] AC 509
City of Bradford Metropolitan Council v McMahon and McMahon Independent, 21 April 1993; [1994] 1 WLR 52; (1993) 25 HLR 534
21 Apr 1993
CA
Balcombe LJ
Housing, Local Government, Land
The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: "It is a creature of statute and is sui generis; if it is helpful to equate it to some more general right recognised by the courts I would prefer to describe it as analogous to a personal equity."
Housing Act 1985 121 ff
1 Citers
Regina v Secretary of State for Environment ex parte Tower Hamlets London Borough Council Independent, 21 April 1993
21 Apr 1993
CA
Immigration, Housing
Local Authority may come to its own conclusion as to immigrant status for housing.
Immigration Act 1971 26(1)(c)
Ministry of Defence v Ashman and Another; CA 3-May-1993 - Ind Summary, 03 May 1993; [1993] EGLR 102; (1993) 25 HLR 513; (1993) 66 P&CR 195
Regina v Barnet London Borough Council, Ex Parte Rughooputh Times, 11 May 1993
11 May 1993
CA
Housing
An applicant was properly deemed to be intentionally homeless when he had lost his former house through his own fraudulent acts.
Housing Act 1985 60(1)
Regina v Westminster City Council ex parte Bishop Gazette, 13 July 1993; Times, 18 May 1993
18 May 1993
CA
Housing
Child's needs must be taken into account in respect of re-housing.
Housing Act 1985 75 - Housing Act 1985 Part III, s 75
Regina v Brent London Borough Council Times, 24 May 1993
24 May 1993
QBD
Housing
The deferment of a Council's duty to rehouse an applicant pending a housing review was unlawful.
Housing Act 1985 56 69
Regina v Islington London Council, Ex Parte Trail Times, 27 May 1993
27 May 1993
QBD
Housing
A council must give proper reasons concerning a person's housing application.
Housing Act 1985 59 (1) (c)
Regina v Greenwich London Borough Council, Ex Parte Patterson; QBD 27-May-1993 - Times, 20 July 1993; Times, 27 May 1993; (1993) 26 HLR 159
Regina v Wandsworth London Borough, ex parte Oteng Times, 23 June 1993
23 Jun 1993
CA
Housing
The surrender of a legal interest in a property does not inevitably mean that that person is intentionally homeless.
Housing Act 1985 60(1)
Dawncar Investments Ltd v Plews Ind Summary, 05 July 1993; Times, 28 June 1993
28 Jun 1993
CA
Landlord and Tenant, Housing
The special character of a district is relevant when a court was asked to consider an offer of alternative accommodation for a tenant.
Rent Act 1977
Regina v Brent London Borough Council, Ex Parte Awua; QBD 1-Jul-1993 - Times, 01 July 1993
Regina v Tower Hamlets London Borough Council ex parte Hoque Times, 20 July 1993
20 Jul 1993
CA
Housing
Breach of duty for homeless officer to comment on applicants behaviour.
Housing Homeless Persons Act 1977
Preston v Torfaen Borough Council and Another Independent, 24 September 1993; Times, 21 July 1993
21 Jul 1993
CA
Negligence, Housing
Council's independent soil surveyor had no duty of care to future buyers of land from the council.
Regina v Northavon District Council, ex parte Smith Independent, 18 August 1993; Times, 04 August 1993
4 Aug 1993
CA
Housing, Children
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless.
Housing Act 1985 - Children Act 1989
1 Cites
1 Citers
Regina v Northavon District Council ex parte Palmer; QBD 17-Aug-1993 - Times, 17 August 1993
Regina v Newham London Borough Council ex parte Campbell Independent, 14 September 1993
14 Sep 1993
QBD
Housing
The local authority is to look to the dominant cause of homelessness.
Regina v Tower Hamlets London Borough Council ex parte Khatun Independent, 01 October 1993
1 Oct 1993
QBD
Housing
An interview to assess a person's homelessness staus was ultra vires if it was conducted unsympathetically.
1 Cites
1 Citers
Regina v Lambeth London Borough Council, ex parte Walters Times, 06 October 1993
6 Oct 1993
QBD
Housing
A body exercising a statutory duty must give reasons for their decisions.
Housing Act 1985 64
Hughes and Another v Greenwich London Borough Council; HL 26-Oct-1993 - Ind Summary, 06 December 1993; Gazette, 17 December 1993; Times, 26 October 1993
British Waterways Board v Norman; QBD 11-Nov-1993 - Ind Summary, 29 November 1993; Times, 11 November 1993; [1993] 22 HLR 232
Regina v South Hams District Council, ex parte Gibb, Regina v Gloucestershire County Council, ex parte Davis Etc Times, 15 November 1993
15 Nov 1993
QBD
Housing
The term 'Gypsy' is to be interpreted to include persons who have a nomadic life but more than just habit.
Caravan Sites Act 1968
1 Citers
Sheffield City Council v Green Times, 25 November 1993
25 Nov 1993
CA
Landlord and Tenant, Housing
A possession order was reasonably made against a Tenant who was keeping a dog in breach of his tenancy agreement.