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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: 1997 To: 1997

This page lists 112 cases, and was prepared on 27 May 2018.

 
Brent London Borough Council v Knightly (1997) 29 HLR 857
1997


Housing
Where there is a joint tenancy which goes into "limbo" and then one of the joint tenants dies, the surviving former joint tenant cannot apply for a revival of the joint-tenancy under section 85(4). All the deceased joint tenant had was a personal and non-transmissible right to apply for revival.
1 Citers


 
Regina v Westminster City Council ex parte M (1997) 1 CCLR 85
1997


Benefits, Housing, Immigration

1 Citers


 
Regina v Hackney London Borough Council, Ex parte Ajayi (1997) 30 HLR 473
1997

Dyson J
Housing
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 become homeless intentionally as a result of having left the accommodation in Nigeria, and argued that the true cause of her homelessness was her pregnancy. Held: Dyson J stated that the fundamental question was whether there was a continuous chain of causation between the loss of the last settled accommodation and the present state of homelessness, adding: 2In some cases, the cause closest in point of time will be regarded as the effective cause. A good example of this might well be the case discussed in Ex p Fahia (1996) 29 HLR 94, 102, of the premises occupied on a short letting which are burnt down, thereby rendering the occupant homeless." In the particular circumstances of the case, the authority had been entitled, in the judge's view, to decide that the effective cause of the applicant's homelessness was her action in leaving Nigeria.
1 Citers



 
 Northampton Borough Council v Lovatt and Lovatt; CA 3-Jan-1997 - Times, 03 January 1997; Gazette, 11 March 1998; [1997] EWCA Civ 821
 
Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford) (1997) 29 HLR 756; [1997] EWHC Admin 4; (1997) 1 CCLR 294
13 Jan 1997
Admn
Kay J
Housing, Children, Local Government
Section 17(1) imposes an obligation in respect of the needs of an individual child.
Children Act 1989 17(1)
1 Citers

[ Bailii ]
 
London Borough of Camden v Joseph Hall and David Hall ex parte [1997] EWCA Civ 778
15 Jan 1997
CA

Housing
Renewed application for leave to appeal granted.
[ Bailii ]

 
 Newlon Housing Trust v Alsulaimen; CA 16-Jan-1997 - Times, 24 January 1997; [1997] EWCA Civ 793
 
Regina v London Borough of Camden ex parte Jibril [1997] EWHC Admin 42; (1997) 29 HLR 785
21 Jan 1997
Admn
Stephen Richards
Housing
The court considered what background could be allowed for when, in a homelessness application, the applicant said that it would be unreasonable to expect him to continue to occupy his present dwelling. Held: "in judging what is suitable, the authority is entitled to look at the position in broad terms, having regard to the general shortage and nature of accommodation."
1 Citers

[ Bailii ]
 
Halifax Building Society (Formerly Leeds Permanent Building Society v Fanimi and Aka [1997] EWCA Civ 811
21 Jan 1997
CA

Housing

[ Bailii ]
 
Paddington Churches Housing Association Ltd v Sharif [1997] EWCA Civ 853
27 Jan 1997
CA
Peter Gibson LJ, Buckley J
Housing
The landlord had obtained a possession order against its secure tenant. The tenant had left to go to Egypt, and had been in arrears of rent. The tenancy obliged the tenant to occupy the prperty as his main residence. The landlord re-let the property, but the tenant then had the possession order set aside saying he had not had opportunity to take part in the proceedings. The Association had offered alternative accomodation. Held: The judge in setting aside the possession order had failed to allow for the fact that the main reason for the tenant's non-involvement was his own absence from the premises, and had failed to take proper consideration of the tenant's obligation to occupy the property. The judge had made an error of law and the Association's appeal succeeded.
1 Cites

[ Bailii ]
 
Regina v London Borough of Islington ex parte Okocha [1997] EWHC Admin 82
29 Jan 1997
Admn

Housing

Housing Act 1985
[ Bailii ]
 
Ahmed v Mahmood [1997] EWCA Civ 894
30 Jan 1997
CA

Housing

[ Bailii ]
 
Mayor and Burgesses of London Borough of Camden v Ishola Akanni [1997] 29 HLR 845; [1997] EWCA Civ 901
31 Jan 1997
CA
Brooke LJ
Housing
The context in which the court is willing in a rare, but appropriate, case to intervene to nullify the execution of a warrant for possession goes back to the principles set out in McHenry v Lewis.
1 Cites

1 Citers

[ Bailii ]
 
Dover District Council v Peter William Sherred John Bernard Tarling; Times, 11 February 1997; [1997] EWCA Civ 926; (1997) 29 HLR 864
5 Feb 1997
CA

Housing
In the context of an application to condemn a property as unfit for human habitation, the court was asked to consider "whether the County Court judge should adopt what he called "a commonsense, lay, factual approach" in cases of this sort, or whether such cases depend upon technical issues which the judge decides in accordance with the expert evidence and is not free, on those technical matters, to substitute his own opinion." Held: The court should rely on expert evidence: "Where expert evidence is admissible in order to enable a judge to reach a properly informed decision on a technical matter, then he cannot set his own 'lay' opinion against the expert evidence which he has heard. But he is not bound to accept the evidence even of an expert witness, if there is a proper basis for rejecting it in the other evidence which he has heard, or the expert evidence is such that he does not believe it or for whatever reason is not convinced by it."
Housing Act 1985 189
1 Citers

[ Bailii ]
 
Robert Archibald Ralston v Chairman of East Midlands Rent Assessment Committee v Ms Pauline Plummer [1997] EWHC Admin 113
6 Feb 1997
Admn

Housing

[ Bailii ]

 
 Albany Home Loans Limited v Massey; Massey and Massey v Albany Life Assurance Company Limited; Metropolitan Unit Trust Managers Limited and Albany International Assurance Limited; CA 12-Feb-1997 - Gazette, 27 February 1997; Times, 14 February 1997; [1997] EWCA Civ 991
 
Regina v London Borough of Brent ex parte Olufemi Baruwa [1997] EWCA Civ 1001
12 Feb 1997
CA

Housing
Housing duties of local authority to person homeless as a result of not paying rent or mortgage.
Housing Act 1985
[ Bailii ]
 
In the Matter of an Application for Judicial Review; Regina v Wolverhampton Metropolitan Borough Council ex parte Watters [1997] EWCA Civ 1021
14 Feb 1997
CA

Housing

[ Bailii ]
 
Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar [1997] EWCA Civ 1032; (1997-98) 1 CCL Rep 85; (1998) 30 HLR 10; (1997) 9 Admin LR 504; (1997) 1 CCLR 85
17 Feb 1997
CA
The Master of The Rolls (Lord Woolf), Lord Justice Waite, Lord Justice Henry
Housing, Benefits, Immigration
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 of State. Held: Appeal dismissed. Asylum seekers are not entitled merely because they lack money and accommodation to claim they automatically qualify under section 21(1)(a). They can claim as result of the 1996 Act that as a result of their predicament after they arrive in this country reach a state where they qualify under the subsection because of the effect upon them of the problems under which they are labouring. In addition to the lack of food and accommodation is to be added their inability to speak the language, their ignorance of this country and the fact they have been subject to the stress of coming to this country in circumstances which at least involve their contending to be refugees. Inevitably the combined effect of these factors with the passage of time will produce one or more of the conditions specifically referred to in section 21(1)(a). It is for the authority to decide whether they qualify. In making their decision, they can bear in mind the wide terms of the Direction which gives a useful introduction to the application of the subsection. The authorities can anticipate the deterioration which would otherwise take place in the asylum seekers condition by providing assistance under the section. They do not need to wait until the health of the asylum seeker has been damaged.
National Assistance Act 1948 21(1)(a)
1 Cites

1 Citers

[ Bailii ]
 
David Andrews Lesley Andrews v Roger Brewer Ann Brewer [1997] EWCA Civ 1029; [1997] 30 HLR
17 Feb 1997
CA
Lord Justice Auld, Mr Justice Morland
Housing, Landlord and Tenant
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously been operate as a guest house, and the landlord's contended that the intended use was for business purposes. The tenants claimed that the judge should have allowed a set off of the costs of repairs undertaken by the tenants against the arrears of rent. Held: The contract itself made the letting a residential one, and the form of contract was determinative. The letting was an assured tenancy. The notice was defective, but the clerical error was obvious and did not detract in any way from the effect of the notice. It did not mean that it was not substantially to the same effect as that in the prescribed form. The repairs were of items for which no notice of want of repair had been put to the landlords. There was no proper claim against him.
Housing Act 1988 - Landlord and Tenant Act 1985
1 Cites

1 Citers

[ Bailii ]
 
C James and Sons v Puglia [1997] EWCA Civ 1051
19 Feb 1997
CA

Employment, Housing

1 Cites

[ Bailii ]
 
Regina v London Borough of Hounslow ex parte R Times, 25 February 1997; [1997] EWHC Admin 165
19 Feb 1997
Admn
Mr Stephen Richards
Housing
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 the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead to an applicant's homelessness did mean that the applicant was to be treated as being intentionally homeless. In this case a criminal act had led to imprisonment and his homelessness upon release. The approach to be adopted in considering whether an applicant became homeless intentionally is the test of reasonable likelihood rather than an unqualified test of causation in fact,
Housing Act 1985 60(1)
1 Cites

1 Citers

[ Bailii ]

 
 City Council of Bristol v Martin Mousah; CA 25-Feb-1997 - [1997] EWCA Civ 1081; (1997) 30 HLR 32

 
 Brent London Borough Council v Knightley and Another; CA 26-Feb-1997 - Times, 26 February 1997; [1997] EWCA Civ 917; (1997) 29 HLR 857

 
 Newlon Housing Trust v Al-Sulaimen and Another; CA 27-Feb-1997 - Gazette, 27 February 1997
 
Mayor and Burgesses of London Borough of Camden v Alexandrou [1997] EWCA Civ 1132
28 Feb 1997
CA

Housing, Landlord and tenant

[ Bailii ]
 
Regina v London Borough of Harrow ex parte Byrne [1997] EWHC Admin 197
28 Feb 1997
Admn
Rich J
Housing
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 conclude, as it had, that the presumption that she was party to the failure to pay rent in her previous accomodation was not rebutted.
1 Cites

[ Bailii ]
 
Regina v Wolverhampton Metropolitan Borough Council Ex Parte Walters Times, 04 March 1997
4 Mar 1997
CA

Housing
Assessment of priority for housing allows inclusion of non statutory matters.
Housing Act 1985

 
Regina v London Borough of Harrow ex parte Khadija Fahia (1997) 29 HLR 974; [1997] EWCA Civ 1191
7 Mar 1997
CA
Roch, Aldous, Leggatt LJJ
Judicial Review, Housing
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 half, on the basis that her rent was too high. The landlord then told her that she would be evicted. The authority now appealed against a judgment that she was not voluntarily homess. Held: The decision was affirmed. Roch LJ, with whose judgment Aldous and Leggatt LJJ agreed, stated at pp 980-981 his agreement with the judge that the causal connection could be broken by events other than the acquisition of a "settled residence", and that Bassett's case was an example of such a situation.
1 Cites

1 Citers


 
Regina v London Borough of Enfield ex parte Dondu Serbetli [1997] EWHC Admin 236
7 Mar 1997
Admn

Housing

Housing Act 1985 {art III
[ Bailii ]
 
Milne-Berry, Madden v London Borough of Tower Hamlets [1997] EWCA Civ 1223
12 Mar 1997
CA

Housing, Local Government
Right to buy.
[ Bailii ]
 
District Estates Limited v Chairman of Merseyside and Cheshire Rent Assessment Committee; Ellis and D Latta [1997] EWHC Admin 251
12 Mar 1997
Admn

Housing

[ Bailii ]

 
 London Borough of Harrow v Johnstone; HL 13-Mar-1997 - Gazette, 16 April 1997; Times, 14 March 1997; [1997] UKHL 9; [1997] 1 All ER 929; [1997] 1 WLR 459; [1997] 2 FCR 225; [1997] 1 FLR 887; [1997] Fam Law 478; [1997] 95 LGR 470
 
London Borough of Tower Hamlets v Abdul Azad and Momta Begum [1997] EWCA Civ 1235
13 Mar 1997
CA

Housing

[ Bailii ]
 
West Somerset District Council v Sykes [1997] EWCA Civ 1259
14 Mar 1997
CA

Benefits, Housing

[ Bailii ]

 
 West Wiltshire District Council v Snelgrove and Snelgrove; Admn 17-Mar-1997 - [1997] EWHC Admin 285
 
Regina v Southwark London Borough Council Ex Parte Bediako; Regina v Westminster County Council Ex Parte Zafru Times, 17 March 1997
17 Mar 1997
QBD

Housing
The homeless status of the applicant is to be established and tested as the statutory investigation is completed, not just at the time the application is made.
Housing Act 1985 Part III

 
Conrad Ryder-Large v Murray King (T/a Hotspur Lodge B and B) [1997] EWCA Civ 1261
17 Mar 1997
CA

Housing

[ Bailii ]
 
Regina v London Borough of Camden ex parte Aranda [1997] EWCA Civ 1309; (1997) 30 HLR 76
21 Mar 1997
CA

Housing
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 no entitlement to social security benefits, she returned to Camden and applied for housing. Camden now appealed against decision that the applicant was not intentionally homeless. Held: The causal connection between her deliberately giving up the accommodation in Camden, and her homelessness after leaving the accommodation in Colombia, had been broken by her husband's desertion.
1 Citers

[ Bailii ]
 
Regina v Spelthorne Borough Council ex parte Khan [1997] EWCA Civ 1313
21 Mar 1997
CA

Benefits, Housing
The claimant sought payment of housing benefit. The defendant refused, saying she had a relationship with the owner of the house, and that the tenancy was not genuine.
[ Bailii ]
 
Rosemary Violet Tinker v Roger Potts [1997] EWCA Civ 1336
25 Mar 1997
CA

Housing

[ Bailii ]
 
Regina v London Borough of Kensington and Chelsea ex parte Pirie [1997] EWHC Admin 331
26 Mar 1997
Admn

Housing, Benefits

[ Bailii ]
 
Regina v London Borough of Wandsworth ex parte Ann Garvey [1997] EWHC Admin 343
8 Apr 1997
Admn

Housing
The claimant said that the housing offered to her as a single mother with four children, one hyper-active, was inadequate. It was complained that the Doctor advising the authority had included in her report a consideration of what resources were available to the authority. Held: The report focussed on the recommendation, and the recommendation was of a particular type of housing. Her judgement was of the health, and effect on the health, of the applicant. It was not to be criticised, and the application failed.
Housing Act 1995 69
1 Cites

[ Bailii ]
 
In the Matter of an Application for Leave To Move for Judicial Review, Regina v Salisbury District Council ex parte Nicholas Markham-David [1997] EWCA Civ 1404
15 Apr 1997
CA

Benefits, Housing

[ Bailii ]
 
Regina v London Borough of Islington ex parte Nelson [1997] EWHC Admin 370
15 Apr 1997
Admn

Housing

[ Bailii ]
 
Regina v London Borough of Newham ex parte Tracy Jenner [1997] EWHC Admin 390
18 Apr 1997
Admn

Housing

[ Bailii ]
 
Sarwjit Singh v Helen Emmanuel [1997] EWCA Civ 1519
24 Apr 1997
CA

Landlord and Tenant, Housing
A notice to terminate a shorthold tenancy which was given within the first six months, but expired after the end of the six month period was effective.
Housing Act 1988 21(1)(b)
[ Bailii ]
 
Stephen St Catherine v Ujima Housing Association [1997] EWCA Civ 1606
1 May 1997
CA

Housing

[ Bailii ]

 
 Elitestone Ltd v Morris and Another; HL 1-May-1997 - Times, 07 May 1997; Gazette, 14 May 1997; [1997] UKHL 15; [1997] 2 All ER 513; [1997] 1 WLR 687
 
Rashid Ishak v Network Housing Association [1997] EWCA Civ 1618
2 May 1997
CA

Housing

[ Bailii ]
 
Cunningham v Birmingham City Council Times, 09 June 1997; [1997] EWHC Admin 440
6 May 1997
Admn
Pill LJ, Astill J
Nuisance, Housing
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 problems. She said that the kitchen was, in view of his condition too small and dangerous in its layout. Held: Whether premises are 'prejudicial to health' is an objective not a subjective test; there is no contrast with the test for nuisance. The magistrate had been wrong to determine the case in the way he did by relating the respondents' duties to the particular health requirements of Robert, the son of the the appellant.
Environmental Protection Act 1990 79(1)(a)
1 Cites

[ Bailii ]
 
Community Housing Association Limited v Masri and Masri [1997] EWCA Civ 1702
15 May 1997
CA
Potters LJ, Holman J
Housing
The second tenant sought leave to appeal an order for possession of a flat. He had been joint tenant with his brother. The brother's solicitors had written on the basis that the first brother alone was tenant. Held: The case of Ayinde could not rescue the defendant. There had been no unequivocal surrender by the first brother. Leave was refused.
1 Cites

[ Bailii ]

 
 National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe; CA 15-May-1997 - Gazette, 11 June 1997; [1997] EWCA Civ 1707; [1998] 1 WLR 230
 
Payne and Woodland v Mayor and Burgesses of London Borough of Barnet Times, 24 June 1997; [1997] EWCA Civ 1752
22 May 1997
CA

Land, Housing
The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers.
Housing Act 1985
1 Cites

[ Bailii ]
 
Regina v Camden London Borough Council, Ex Parte Mohammed Gazette, 17 September 1997; Times, 20 June 1997; [1997] EWHC Admin 502; [1997] 30 HLR 315
23 May 1997
Admn
Latham J
Housing, Local Government
A local authority's policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining fairness between homeless persons in circumstances where they have decided that no duty is owed to the applicant, and proper consideration of the possibility that the applicant might be right and that to deprive him of accommodation could result in the denial of an entitlement. (4) certain matters will always require consideration, although other matters may also be relevant: (a) the ones requiring consideration were the merits of the case and the extent to which it can properly be said that the decision was one which was either contrary to the apparent merits or was one which involved a very fine balance of judgment; (b) whether consideration is required of new material, information or argument which could have a real effect on the decision under review; (c) the personal circumstances of the applicant and the consequences of an adverse decision on the exercise of the discretion.
Housing Act 1996 188(3)
1 Citers

[ Bailii ]
 
Okolo v Secretary of State for Environment and Kingston Upon Hull City Council [1997] EWCA Civ 1766
23 May 1997
CA

Housing

Housing Act 1985 - Acquisition of Land Act 1981
[ Bailii ]
 
Northumberland and Durham Property Trust Limited v Chairman of London Rent Assessment Committee and others [1997] EWHC Admin 504
23 May 1997
Admn

Housing

[ Bailii ]
 
Brennan v London Borough of Lambeth [1997] EWCA Civ 1776; [1997] 30 HLR 481
3 Jun 1997
CA

Housing
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 definitions in the 1985 Act.
Housing Act 1985 63(1) - Protection from Eviction Act 1977
1 Cites

1 Citers

[ Bailii ]
 
Regina v London Rent Assessment Panel, Ex Parte Cadogan Estates Ltd Times, 10 July 1997; [1997] EWHC Admin 515; (1998) 30 HLR 487; [1997] 3 WLR 833; [1997] 2 EGLR 134; [1998] QB 398; [1997] 34 EG 88; (1998) 76 P & CR 410
4 Jun 1997
Admn
Kay J
Housing
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 in excess of £25,000.
Housing Act 1988 14
1 Citers

[ Bailii ]

 
 O'Rourke v Mayor etc of the London Borough of Camden; HL 12-Jun-1997 - [1997] UKHL 24; [1997] 3 WLR 86; [1998] AC 188; [1997] 3 All ER 23
 
Sanctuary Housing Association v Nicola Baker and Glen Wanstall (1) [1997] EWCA Civ 1870
13 Jun 1997
CA

Housing

[ Bailii ]
 
M M Al-Ameri v Jaber Dikir [1997] EWCA Civ 1877
16 Jun 1997
CA

Housing

[ Bailii ]
 
Yvonne Baxter v Mayor and Burgesses of London Borough of Camden [1997] EWCA Civ 1931
20 Jun 1997
CA

Landlord and Tenant, Housing

[ Bailii ]
 
Regina v London Borough of Waltham Forest ex parte Verna Green [1997] EWHC Admin 647
8 Jul 1997
Admn

Housing
Whether applicant intentionally homeless.
[ Bailii ]
 
Alan Krishnan v Harinder Pal Singh Gill and Mansish Kaur Gill (2) [1997] EWCA Civ 2087
11 Jul 1997
CA

Housing

[ Bailii ]
 
Alan Krishnan v Harinder Pal Singh Gill and Mansish Kaur Gill [1997] EWCA Civ 2086
11 Jul 1997
CA

Housing, Torts - Other

[ Bailii ]
 
Mayor and Burgesses of London Borough of Camden v Alexandrou [1997] EWCA Civ 2094
14 Jul 1997
CA

Housing
Application for leave to appeal against possession order - council owned flat.
[ Bailii ]
 
Regina v London Borough of Enfield ex parte Beckles [1997] EWHC Admin 682
14 Jul 1997
Admn

Housing

[ Bailii ]
 
Regina v City of Westminster ex parte Mbayi [1997] EWHC Admin 684
15 Jul 1997
Admn

Housing
The applicant sought review of the decision of the respondent that she had refused accommodation. She wanted to assert that they had failed to take account of her medical needs. Held: The application had not proceeded at a proper case, but the parties disclosed a clear disagreement on the facts which the court was not able to resolve. The matter needed adjournment to allow cross-examination of witnesses.
1 Cites

[ Bailii ]
 
Regina v London Borough of Newham ex parte Ayse Hassan [1997] EWHC Admin 697; [1996] 29 HLR 378
17 Jul 1997
Admn

Housing, Local Government

1 Citers

[ Bailii ]
 
Milton Parkins v Mayor and Burgesses of London Borough of Westminster [1997] EWCA Civ 2170
23 Jul 1997
CA

Housing
Application for leave to appeal - possession order - whether letting to probationary teacher was an assured tenancy - leave granted.
1 Cites

1 Citers

[ Bailii ]

 
 Regina v St Edmundsbury Housing Benefit Review Board ex parte Sandys; Admn 24-Jul-1997 - Times, 22 August 1997; [1997] EWHC Admin 711
 
Regina v London Borough of Newham ex parte Jenner [1997] EWCA Civ 2294
12 Aug 1997
CA

Judicial Review, Housing

[ Bailii ]
 
Regina v London Borough of Hammersmith and Fulham ex parte Anthony Fleck [1997] EWHC Admin 779
18 Aug 1997
Admn
Sedley J
Housing
Sedley J said that , there would be a real risk that "a sick and vulnerable individual (and I do not use the word 'vulnerable' in its statutory sense) is going to be put out on the streets", which he described as a "reproach to a society that considers itself to be civilised".
Housing Act 1996 189
1 Citers

[ Bailii ]
 
Regina v Blackpool Borough Council ex parte Livesley [1997] EWCA Civ 2309
21 Aug 1997
CA

Local Government, Housing

[ Bailii ]
 
Regina v London Borough of Hounslow ex parte Malik Javid Khan [1997] EWCA Civ 2320
29 Aug 1997
CA

Housing, Benefits

[ Bailii ]
 
Sanctuary Housing Association v Baker and Another (2) [1997] EWCA Civ 2333
5 Sep 1997
CA

Housing

[ Bailii ]
 
Regina v The London Borough Of Islington Ex Parte Anthony J H Blissett HC Admin 804
9 Sep 1997
Admn

Housing
The applicant asserted that he had a right under the council's policy to succeed to a council house tenancy granted to the appellant's deceased, homosexual partner. The authority had a policy which would normally allow a survivor of a homosexual couple to take over a tenancy on the death of a partner. The authority doubted that he had lived with the deceased man for the year before his death. Held: The council's decision was not so unreasonable as to be capable of being set aside.
[ Bailii ]
 
Regina v The London Borough of Newham Ex Parte Arab Miah [1997] EWHC Admin 806
12 Sep 1997
Admn

Housing
The claimant was housed in temporary accommodation pending the determination of their homelessness claims. The claimant's wife suffered mental illness, and they wished to reject an offer of accommodation. The authority sought to argue that the accommodation already provided satisfied their duties to provide permanent housing. It was held that the authority had through its letters created a legitimate expectation that further accommodation would be offered which would be more appropriate, even if the initial offer was rejected.
Housing Act 1985 65(2)
1 Cites

[ Bailii ]
 
Regina v The London Borough of Newham Ex Parte Raksana Qureshi [1997] HC Admin 813
18 Sep 1997
Admn
Judge Rich Qc
Housing
The applicant, and her children, had lived in England, but returned to Pakistan for six months. On their return they first lived with their parents, but then sought housing as homeless. She appealed the finding that she was intentionally homeless. The notice giving the reasons under a statutory provision had to be proper, adequate and intelligible and must be read in the context of the statutory provision itself, and to the particular facts. In this case the letter was inadequate, and the decision was set aside.
Housing Act 1985 Part III
1 Cites

[ Bailii ]
 
Mayor and Burgesses of London Borough of Camden v Patricia Timson [1997] EWCA Civ 2360
23 Sep 1997
CA

Housing
Appeal against order for possession of council tenancy.
[ Bailii ]
 
Mayor and Burgesses of London Borough of Camden v Patricia Timson [1997] EWCA Civ 2359
23 Sep 1997
CA

Housing, Litigation Practice

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Islington ex parte B [1997] EWHC Admin 819
25 Sep 1997
Admn

Housing

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Newham ex parte Larwood [1997] EWCA Civ 2399
2 Oct 1997
CA

Housing

[ Bailii ]
 
Regina v London Borough of Southwark ex parte Olivia Hughes [1997] EWHC Admin 835; (1998) 30 HLR 1082
6 Oct 1997
Admn
Turner J
Housing

Housing Act 1985
1 Citers


 
Regina v London Borough of Islington ex parte Fiona Degnan [1997] EWCA Civ 2436
7 Oct 1997
CA

Housing

[ Bailii ]

 
 Curtis v Chairman of London Rent Assessment Committee; Huntingford and Packford; CA 9-Oct-1997 - [1997] EWCA Civ 2453; [1999] QB 92
 
London Borough of Camden v Joseph Hall and David Hall [1997] EWCA Civ 2461
10 Oct 1997
CA

Housing
Appeal against order for possession of council owned house.
[ Bailii ]
 
Regina v Westminster City Council ex parte N'Dormadingar Times, 20 November 1997
14 Oct 1997
QBD
Lightman J
Housing
The failure of the applicant to make proper preparations for a house move is a proper consideration when assessing intentional homelessness.
Housing Act 1988 60(3)
1 Citers


 
Ujima Housing Association v Ansah and Another Times, 20 November 1997; [1997] EWCA Civ 2525; (1998) 30 HLR 831
17 Oct 1997
CA

Housing
The tenant had created a sub tenancy, the result of which was that he no longer had any right to enter upon the property unless the sub-tenant surrendered his lease. Held: The tenant could not be said properly to be in occupation of the tenanted property. When a tenant has sublet, the question of whether he is still in occupation is for him to show as matter of substance.
Housing Act 1988 1(1)
1 Cites

[ Bailii ]
 
Mohammed Din and Mohammed Saqib v Cardiff City Council [1997] EWCA Civ 2521
17 Oct 1997
CA

Housing

Housing Act 1985 Sch 10(6)
[ Bailii ]
 
L and D Goodkind (Properties) Ltd v Marshall and Meiklejohn [1997] EWCA Civ 2543
21 Oct 1997
CA

Housing

[ Bailii ]
 
Regina v Blackburn Borough Council ex parte Mohammed Molvi [1997] EWHC Admin 909
22 Oct 1997
Admn

Local Government, Housing
Entitlement to housing grant.
Local Government and Housing Act 1989 116
[ Bailii ]
 
Mayor and Burgesses of London Borough of Newham v Phillips [1997] EWCA Civ 2611
30 Oct 1997
CA

Housing

Housing Act 1980 30
[ Bailii ]
 
Secretary of State for Transport v Glen Jenkins; Richard Jenkins; Ray Spence and Paul Taylor [1997] EWCA Civ 2613
30 Oct 1997
CA

Housing

[ Bailii ]
 
Northampton Borough Council v Robert Kelvin Lovatt and Margaret Rose Lovatt [1997] EWCA Civ 2693; [1997] EWCA Civ 2693
11 Nov 1997
CA
Lord Justice Henry, Lord Justice Pill, Lord Justice Chadwick
Local Government, Landlord and Tenant, Housing
The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants' children as 'conduct which is a nuisance or annoyance to neighbours' The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the section. Held: Under Simmonds the parents were responsible for the acts of their children. The acts had not however occurred on the premises subject to the order. By a majority, the acts need not occur on the premises.
Housing Act 1985 84(1) Schedule 2
1 Cites

[ Bailii ]
 
Regina v Hackney London Borough Council Ex Parte K Gazette, 12 November 1997; Times, 17 November 1997
12 Nov 1997
CA

Housing
A change in housing law is not retrospective so as to allow a local authority to re-assess an asylum seeker as not being in need of emergency housing. Once the decision had been made, it was improper to re-open it and give notice to existing tenants.
Housing Act 1985

 
Newham London Borough Council v Phillips Times, 12 November 1997; Gazette, 26 November 1997
12 Nov 1997
CA

Housing
There was no possibility of a joint succession to a statutory tenancy even though the form was countersigned by the local authority.
Housing Act 1985


 
 Smith; Mclure; Smith v J C Plunkett and D J Todd; CA 13-Nov-1997 - [1997] EWCA Civ 2712
 
Regina v Leeds City Council ex parte Bell [1997] EWHC Admin 1016
14 Nov 1997
Admn
Harrison J
Housing
The claimant sought judicial review of the decision of the respondent local authority not to grant a tenancy to him, but rather to seek possession.
[ Bailii ]
 
Cooper v Manchester City Council [1997] EWCA Civ 2745; [1997] EWCA Civ 3063
18 Nov 1997
CA

Housing

[ Bailii ] - [ Bailii ]

 
 Parkins v City of Westminster; CA 20-Nov-1997 - [1997] EWCA Civ 2775; [1998] 1 EGLR 22
 
Regina v London Borough of Newham ex parte Adebiyi [1997] EWHC Admin 1074
2 Dec 1997
Admn

Housing

[ Bailii ]
 
Regina v East Devon District Council ex parte Robb [1997] EWHC Admin 1085
4 Dec 1997
Admn

Housing

1 Cites

[ Bailii ]
 
Regina v Royal Borough of Kingston Upon Thames ex parte Ash [1997] EWHC Admin 1090
4 Dec 1997
Admn

Housing

[ Bailii ]
 
Bobsie Lloyd Stanbury v Mayor and Burgesses of London Borough of Lambeth [1997] EWCA Civ 2917
5 Dec 1997
CA

Housing, Damages
The claimant had succeeded in his claim for damages against the council following their failure to comply with their obligations of repair under the 1985 Act. The council appealed an award of £1,500 for chattels damaged by the damp. Held: "I, for my part, would think it perfectly absurd in a case like this for one single further penny piece of public funds to be expended on its determination."
Landlord and Tenant Act 1985 11
[ Bailii ]
 
London Borough of Camden v Andrew Frederick McHugh [1997] EWCA Civ 2964
11 Dec 1997
CA

Housing

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Von Goetz [1997] EWHC Admin 1120
11 Dec 1997
Admn

Housing

Local Government and Housing Act 1989 Part VIII
1 Citers

[ Bailii ]
 
Regina v London Borough of Camden ex parte Pereira [1997] EWHC Admin 1134
15 Dec 1997
Admn

Housing

1 Cites

1 Citers

[ Bailii ]
 
Mattathion Haron v Gladstone Williams and R Williams [1997] EWCA Civ 3023
17 Dec 1997
CA

Land, Housing
Application for leave to appeal against possession order.
[ Bailii ]
 
Regina v London Borough of Waltham Forest ex parte Kim Lesley Gardiner [1997] EWHC Admin 1150
17 Dec 1997
Admn

Housing
Appeal against finding after refusal of offer of accomodation.
[ Bailii ]
 
Regina v Newham London Borough Council, Ex Parte Medical Foundation for the Care of Victims of Torture and Others Times, 26 December 1997
26 Dec 1997
QBD

Benefits, Local Government, Housing
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.
National Assistance Act 1948 Part III

 
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