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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: 1998 To: 1998

This page lists 105 cases, and was prepared on 27 May 2018.

 
Regina v Lambeth London Borough Council ex parte Eckpo-Wedderman [1998] 31 HLR 498
1998

Laws J
Housing, Local Government
The court considered the matters to be taken into account by a local authority when setting its housing policy: "I do not believe that a local housing authority, considering (as it is right that it should) whether to meet a particular and perhaps unusual need by acquiring property on the open market, is obliged to disregard the cost of doing so."
1 Citers


 
Regina v Brighton and Hove Council ex parte Marmont Times, 15 January 1998; [1998] EWHC Admin 3
12 Jan 1998
Admn

Administrative, Housing
A council taking action to recover its own land by evicting travellers, was not obliged to have regard to guidelines which applied when considering recovering land for others about behaving humanely etc.
[ Bailii ]
 
Regina v London Rent Assessment Committee ex parte Thompson [1998] EWHC Admin 7
12 Jan 1998
Admn

Housing

[ Bailii ]
 
Griffin Housing Association Ltd v Mpia Bokuma [1998] EWCA Civ 7
13 Jan 1998
CA

Housing

[ Bailii ]
 
Burton v Camden London Borough Council Times, 15 January 1998; Gazette, 28 January 1998
15 Jan 1998
CA

Housing, Landlord and Tenant
A deed of release executed by one joint tenant in favour of the other did not bind the landlord. Save that in a periodic tenancy the old tenant would be released on the next renewal.

 
Elmbridge Borough Council v Frances Alice Coulson-Awcock [1998] EWCA Civ 23
15 Jan 1998
CA

Housing

[ Bailii ]
 
Regina v South Holland District Council, Ex Parte Debbie Jayne Baxter HC Admin 24
19 Jan 1998
Admn

Housing

Housing Act 1985 Part III
[ Bailii ]
 
Sunil Kumar Gupta v Gladys Shreeve [1998] EWCA Civ 70
26 Jan 1998
CA

Housing
Application to set aside possession order- arrears of rent disputed.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Sandwell Metropolitan Borough Council ex parte Jean Wilkinson [1998] EWHC Admin 116
30 Jan 1998
Admn

Benefits, Housing

[ Bailii ]
 
London Borough of Camden v Andrew Frederick McHugh [1998] EWCA Civ 134
3 Feb 1998
CA

Housing

[ Bailii ]
 
West Kent Housing Association Limited v Joseph Davies Elizabeth Davies [1998] EWCA Civ 151; (1998) 31 HLR 415
4 Feb 1998
CA
Robert Walker LJ
Housing
The court should recognise the seriousness of the case where the Housing Association was doing its best to improve the quality of life for those living on a housing estate, when its efforts included obtaining witnesses as to the tenant's behaviour who were prepared to give evidence despite the possibility of intimidation.
1 Cites

1 Citers

[ Bailii ]
 
Regina v London Borough of Ealing ex parte Anthony Fox [1998] EWHC Admin 155
9 Feb 1998
Admn

Housing

1 Cites

[ Bailii ]
 
Northumberland and Durham Property Trust Limited v Chairman of London Rent Assessment Committee, J Bullock [1998] EWHC Admin 158
9 Feb 1998
Admn

Housing

Rent Act 1977 70
[ Bailii ]
 
Laimond Properties Limited v Al-Shakarchi Gazette, 26 February 1998; Times, 23 February 1998; [1998] EWCA Civ 197; (1998) 30 HLR 1099
10 Feb 1998
CA
Roche LJ Sir Brian Neill
Housing
If 'suitable alternative accommodation' was offered in exchange for a protected tenancy, the court need look only for some security for the tenant, not that he should receive equal protection. Where the landlord persuades the Rent Act protected tenants to surrender their old tenancy before taking a new tenancy, the lessees would not have been Rent Act tenants "immediately before the tenancy was granted", but "Sub-paragraph (b) of section 34(1) is clearly designed to shield the tenant who had security of tenure under the 1977 Act and who has been persuaded by his landlord to enter into a new tenancy after January 15, 1989 so as to prevent him from losing the 1977 Act protection. It is designed to defeat an argument that the tenant has lost his 1977 Act protection because he has voluntarily surrendered the tenancy entered into prior to January 15, 1989 which attracted the provisions of the 1977 Act in exchange for a new tenancy which, being post January 15, 1989, did not qualify for that security. Section 34(1)(b) has in my opinion no application in a case such as the present where the landlord has gone to the court and obtained an order for possession."
. . And "I can see no reason why section 34(1)(b) ought to be read subject to the suggested limitation; a view apparently shared by the judge in the case of Goringe v Twinsactra Ltd decided on April 20 1994, reported in the Legal Action Group Bulletin for June 1994 at 11."
Housing Act 1988 1
1 Citers

[ Bailii ]
 
Regina v London Borough of Brent ex parte Bariise [1998] EWCA Civ 209; (1999) 31 HLR 50
11 Feb 1998
CA
Millett, Schiemann LJJ, Sir Brian Neal
Housing
The Council appealed from an order quashing its decision that the applicant was intentionally homeless.
Housing Act 1985 58(2)
[ Bailii ]
 
Regina v London Borough of Enfield ex parte Sheilah Ramdin [1998] EWHC Admin 177
12 Feb 1998
Admn

Housing

[ Bailii ]
 
Cambridge City Council v Trevor MacDiarmid Artingstoll [1998] EWCA Civ 216
12 Feb 1998
CA

Housing

Housing Act l985
[ Bailii ]
 
Regina v Leeds City Council ex parte Collier [1998] EWHC Admin 183
13 Feb 1998
Admn

Housing

Housing Act 1985 95
[ Bailii ]
 
Regina v Leeds City Council ex parte Bell (application for Judicial Review) [1998] EWCA Civ 246
16 Feb 1998
CA

Housing

[ Bailii ]
 
Michael York, Janet Ross v LG Casey and RP Casey [1998] 2 EGLR 25; [1998] EWCA Civ 250
16 Feb 1998
CA
Lord Justice Peter Gibson Mr Justice Bennett
Housing
The plaintiffs let property to the respondents. The notice of shorthold tenancy issued prior to the tenancy commencing had obvious errors in the dates. The issue was as to its validity. Held: The error was evident, the termination date preceded the commencement date and was plainly a repetition of the date of the notice. But the real question was whether the termination date was sufficiently clear. There was other information provided as to that date. The apppeal was allowed, and the notice was effective. The objective test in Mannai also applied to the validity of a section 20 notice. A notice containing an error, such as a wrong date, may nevertheless be a valid notice if, “taking into account the relevant contextual scene”, the notice is quite clear to a reasonable person reading it, so that he would not be misled by it or left in any reasonable doubt as to its effect: “Accordingly,what the court must do is to see whether the error in the notice was obvious or evident and second, whether, notwithstanding that error, the notice read in its context is sufficiently clear to leave a reasonable recipient in no reasonable doubt as to the terms of the notice.” (Peter Gibson LJ)
Housing Act 1988 20(1)(c)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Ellioua [1998] EWHC Admin 206
19 Feb 1998
Admn

Housing
Application for leave to review was denied. The applicant sought to request the authority to review their initial review of their decision on his application for emergency housing. The authority had no such power, and its refusal could not be subject to judicial review.
Housing Act 1996 202
1 Cites

1 Citers

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Lambeth ex parte Angela Marie Gentles [1998] EWHC Admin 208
19 Feb 1998
Admn

Housing

Housing Act 1985
[ Bailii ]
 
Mayor and Burgesses of London Borough of Camden v Tara Lorraine Gilsenan [1998] EWCA Civ 334
24 Feb 1998
CA

Housing
Application for leave to appeal and for a stay of a possession order.
[ Bailii ]
 
Gupta v Shreeve [1998] EWCA Civ 350
25 Feb 1998
CA

Housing, Litigation Practice

1 Cites

1 Citers

[ Bailii ]

 
 City Council of Bristol v Lovell; HL 26-Feb-1998 - Times, 27 February 1998; Gazette, 05 March 1998; Gazette, 08 April 1998; [1998] 1 WLR 446; [1998] UKHL 8; [1998] 1 All ER 775
 
Northumberland and Durham Property Trust Limited v Chairman of London Rent Assessment Committee and Borkowski and others [1998] EWHC Admin 266
5 Mar 1998
Admn

Housing

[ Bailii ]
 
Regina v Ealing London Borough Council Ex Parte Fox (Anthony) Gazette, 18 March 1998; Times, 09 March 1998
9 Mar 1998
QBD

Housing, Local Government
Voluntary work can be a sufficient local connection to warrant a claim for a homeless person for re-housing in the authority's area.
Housing Act 1985 61(1)(b)

 
Routh v Leeds City Council [1998] EWCA Civ 445
12 Mar 1998
CA

Housing
Renewed application for leave to appeal against possession order where tenant in rent arrears.
[ Bailii ]
 
Council of City of Manchester v Donna Lawler and Joseph Mcmillan [1998] EWCA Civ 470; (1999) 31 HLR 119
17 Mar 1998
CA

Housing

1 Citers

[ Bailii ]
 
Maligec v London Rent Assessment Panel; Same v Bradford and Leeds Property Company [1998] EWHC Admin 343
20 Mar 1998
Admn

Housing

[ Bailii ]
 
Northumberland and Durham Property Trust Ltd v Chairman of London Rent Assessment Committee and Rent Assessment Committee Gazette, 08 April 1998; [1998] EWHC Admin 387
1 Apr 1998
Admn

Litigation Practice, Housing
A rent assessment committee had given no sufficient justification for a finding of scarcity and calculation of fifty per cent reduction in the letting value. The reduction was set aside.
[ Bailii ]
 
Constance Margaret Gray and others v Dorothy Taylor Gazette, 20 May 1998; Times, 24 April 1998; [1998] EWCA Civ 603
2 Apr 1998
CA
Nourse LJ, Mummery LJ, Sir John Vinelott
Housing, Landlord and Tenant
A right of occupation given by an almshouse under a charitable trust was an occupation under a licence without right of possession, not an assured tenancy. The plaintiff's conditions of occupancy stated: "Residents are licensees and pay a contribution towards the cost of providing accommodation at the Court: residents are not tenants and do not pay rent." Held: The tenant's appeal failed and she did not have an assured tenancy. There had been no intention to create a tenancy: "A person who is selected as an almsperson becomes a beneficiary under the trusts of the charity and enjoys the privilege of occupation of rooms in the almshouses as a beneficiary. It is, in my judgment, wholly immaterial that, in this case, the appellant pays a weekly sum towards the cost of maintaining the almshouses and the essential services therein. " and "the weekly contribution paid by the almsperson goes towards the discharge of costs falling on the trustees, thereby liberating income of the charity for other purposes, including the maintenance of a reserve fund and the improvement and extension of the almshouses. The weekly charge is not rent payable under a tenancy. Indeed, it is historically the case that, until comparatively recently, almspersons were not required to pay any weekly sum. The introduction of a weekly sum came with the introduction of housing benefit, to which almspersons would normally be entitled; payment of a weekly sum not exceeding the housing benefit would not result in any net loss to the almsperson and in effect the housing benefit would be available to the charity. "
Housing Act 1988 1
1 Cites

1 Citers

[ Bailii ]
 
Cadogan v Nova Small [1998] EWCA Civ 601
2 Apr 1998
CA

Housing

[ Bailii ]
 
The Guiness Trust v Moses Oshuntoki and Beatrice Funmilayo Oshuntoki [1998] EWCA Civ 646
7 Apr 1998
CA
Lord Justice Simon Brown, Lord Justice Ward
Housing, Litigation Practice
The appellants had been defendants to an application for possession of their flat. There had been several court hearings, and opportunities made for them to present their counterclaim as regards the state of the financial account, and in order to make a counterclaim themselves for damages. They had had quite sufficient time and opportunity to make their case, and had put no proper reason forward for their failure. The appeal was refused.
[ Bailii ]
 
Regina v London Borough of Waltham Forest ex parte Mourhad Lounici [1998] EWHC Admin 418
8 Apr 1998
Admn

Housing

[ Bailii ]
 
Dibdin and Co Ltd v Meynell [1998] EWCA Civ 665
8 Apr 1998
CA

Housing

[ Bailii ]
 
Living Waters Christian Centres Limited v Conwy County Borough Council and Henry George Fetherstonhaugh [1998] EWCA Civ 736
29 Apr 1998
CA

Housing

Housing Act 1985 352
1 Cites

[ Bailii ]

 
 Cherry Tree Investments Ltd v Manchester and Lancashire Rent Assessment Committee and Jennings and Cherry Tree Investments Ltd v Chairman of Greater Manchester and Lancashire Rent Assessment Committee and Mills; Admn 30-Apr-1998 - [1998] EWHC Admin 470
 
Regina v London Borough of Lambeth ex parte Foran [1998] EWCA Civ 753
30 Apr 1998
CA

Benefits, Housing, Local Government

[ Bailii ]
 
Regina v London Borough of Enfield ex parte Sheila Ramdin [1998] EWCA Civ 765
1 May 1998
CA

Housing

[ Bailii ]
 
Mayor and Burgesses of London Borough of Newham v Hills [1998] EWCA Civ 769
5 May 1998
CA

Housing

[ Bailii ]
 
Regina v Sheffield City Council ex parte Green [1998] EWCA Civ 794
7 May 1998
CA

Housing
Application for leave to appeal grant of possession order - termination of temporary licence - council satisfying emergency housing procedures.
[ Bailii ]
 
Regina v Broxbourne Borough Council ex parte Linda Edwards [1998] EWHC Admin 506
8 May 1998
Admn

Housing, Local Government

[ Bailii ]
 
Regina v London Borough of Newham ex parte Ojuri [1998] EWHC Admin 505
8 May 1998
Admn
R Henderson QC
Housing

1 Citers

[ Bailii ]

 
 Regina v Bristol City Council ex parte Everett; Admn 13-May-1998 - Times, 27 May 1998; Gazette, 10 June 1998; [1998] EWHC Admin 534; [1999] 31 HLR 1102

 
 Regina v London Borough of Camden ex parte Pereira; CA 20-May-1998 - [1998] EWCA Civ 863; [1998] 31 HLR 317
 
Wendy Karen Ashton v Derek W Coleman [1998] EWCA Civ 931
8 Jun 1998
CA

Housing
Application for leave to extend time for service of the notice of appeal. Claim for damages for wrongful eviction.
[ Bailii ]
 
Angelidis v Intan Investments Limited and London Rent Assessment Panel [1998] EWHC Admin 617
8 Jun 1998
Admn

Housing

[ Bailii ]

 
 Regina v Spooner, The Leasehold Valuation Tribunal for London Rent Assessment Panel; Admn 8-Jun-1998 - [1998] EWHC Admin 614
 
London Borough of Wandsworth v Michael Chamberlain [1998] EWCA Civ 940
9 Jun 1998
CA

Housing
Appeal against possession order for arrears of rent.
[ Bailii ]
 
Adam Blaker v Samuel McSpadden [1998] EWCA Civ 962
11 Jun 1998
CA

Land, Litigation Practice, Housing

[ Bailii ]
 
Regina v Birmingham City Council ex parte Taj Mohammed [1998] EWHC Admin 632
12 Jun 1998
Admn

Housing, Benefits

Housing Grants, Construction and Regeneration Act 1996 82
[ Bailii ]
 
Wilson-Webb v The Kensington and Chelsea RLBC LAG, 16 June 1998
16 Jun 1998


Housing
(County Court)
1 Citers


 
Sheffield City Council v Ronald and Mary Margaret Jackson and others Gazette, 17 June 1998; Times, 22 June 1998; [1998] EWCA Civ 881; [1998] 1 WLR 1591
17 Jun 1998
CA

Housing
Ability of right to buy owners to challenge the reasonableness of covenants to pay service charges was challengeable before completions in county court, but after completion only by application to the Secretary of State.
Housing Act 1985 125 127 128 139
1 Citers

[ Bailii ]
 
Livia Horsham v Irene Hudson [1998] EWCA Civ 1031
18 Jun 1998
CA

Housing
Appeal against possession order.
[ Bailii ]
 
Josephine Gay v John Sheeran, Mayor and Burgesses of London Borough of Enfield [1998] EWCA Civ 1044
19 Jun 1998
CA

Housing
Application for leave to appeal.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Lambeth ex parte Angela Marie Gentles [1998] EWCA Civ 1059
22 Jun 1998
CA

Housing

[ Bailii ]
 
Regina v London Borough of Hackney ex parte David Heffernan [1998] EWHC Admin 665
24 Jun 1998
Admn
Scott Baker J
Housing, Benefits

1 Citers

[ Bailii ]
 
West Kent Housing Association Limited v Joseph Davies and Elizabeth Davies [1998] EWCA Civ 1087
24 Jun 1998
CA

Housing

1 Cites

1 Citers

[ Bailii ]
 
Jones v Peter Bryan Gospel Gospel John Walton White Third [1998] EWCA Civ 1095
25 Jun 1998
CA

Housing, Land

[ Bailii ]
 
Tatjana Lismane v London Borough of Hammersmith and Fulham Times, 27 July 1998; [1998] EWCA Civ 1111
29 Jun 1998
CA

Housing, Immigration
Where an asylum seeker had housing which was sufficiently inadequate to render her homeless for the purposes of the section, she was not disallowed from receiving such assistance by the operation of the other section regarding asylum seekers
Housing Act 1985 175(1) 186(1)
[ Bailii ]

 
 Khatun v United Kingdom; ECHR 1-Jul-1998 - (1998) 26 EHRR CD 212
 
Regina v Lord Mayor and Citizens of City of Westminster ex parte Jamila Ellioua [1998] EWCA Civ 1142; (1998) 31 HLR 440
2 Jul 1998
CA
Lord Justice Peter Gibson, Lord Justice Judge, Lord Justice Robert Walker
Housing
The applicant sought to be rehoused. On review it was decided that she was intentionally homeless. She asked the authority to review that decision (a re-review). The authority said it had no power so to do. She had a right to appeal on a point of law only. Held: The relief claimed was based entirely on alleged errors of law. Those issues should have been canvassed in the County Court. The statutory remedy not having been properly exhausted, this application for judicial review was inappropriate and should be refused.
Housing Act 1996 202
1 Cites

1 Citers

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Southwark ex parte Campisi [1998] EWCA Civ 1188; (1998) 31 HLR 560; [1998] 2 All ER 939
9 Jul 1998
CA
Schiemann, Gibson and Mummery LJJ
Housing
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 considering the case afresh" A fresh claim attracts all the substantive and procedural consequences of an initial claim whereas a repetitious claim does not. The authority may start with the assumption that the first decision as to suitability was correct and then go on to consider whether, disregarding material which is insignificant or incredible or which was available to the applicant at the time of the determination of his first claim, the new material placed in front of the local authority gives reason to believe that the decision as to homelessness ought to be reversed. This process inevitably involves making a judgment as to the significance and credibility of the new material. A local authority's decision that there has been no material change in circumstances can only be challenged on Wednesbury grounds.
1 Citers

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Newham (No 3) ex parte Fitzgerald Ojuri Times, 29 August 1998; [1998] EWHC Admin 730
9 Jul 1998
Admn
Collins J
Housing
When making decisions about the form of interim housing to be provided under the homelessness provisions, the authority should pay heed to the statutory Code of Practice. Bed and breakfast accommodation was wrong for a family with children.
Housing Act 1996 182(1)
1 Cites

1 Citers

[ Bailii ]
 
Application In Hassan [1998] EWHC Admin 732
10 Jul 1998
Admn
Jowitt J
Housing
Application for judicial review of failure to determine homelessness status of applicant.
[ Bailii ]
 
Mayor and Burgesses of London Borough of Brent v Monica Ramnarine [1998] EWCA Civ 1197
10 Jul 1998
CA

Housing

[ Bailii ]
 
Abdul Barik v Sotoudeh Khesal [1998] EWCA Civ 1193
10 Jul 1998
CA

Housing
Application for leave to appeal out of time against possession order - residential tenancy.
Housing Act 1988 27 28
[ Bailii ]
 
Regina v Birmingham City Council Ex Parte Mohammed Times, 14 July 1998
14 Jul 1998
QBD

Housing
A local authority could not allow its decision about the facilities to be provided by way of housing and related assistance and grants to be affected by its financial resources.
Housing Grants Construction and Regeneration Act 1996 23(1)


 
 Regina v Housing Benefit Review Board for Swansea ex parte Littler Housing Benefit Review Board for St Edmundsbury ex parte Sandys; CA 15-Jul-1998 - Times, 09 September 1998; [1998] EWCA Civ 1214
 
Mortgage Agency Services Number Two Ltd v Bal Gazette, 15 July 1998
15 Jul 1998
CA

Housing
Once a warrant for possession had been executed for repossession in mortgage arrears action, it was no longer possible to suspend the warrant again under the Act. Court's own inherent jurisdiction possible basis where manifold error.
Administration of Justice Act 1970 36

 
Timothy Beck Brown v Barbara Victoria Myerson [1998] EWCA Civ 1253
21 Jul 1998
CA

Housing
The claimant let a house to the defendant under an assured shorthold tenancy. In breach of condition, the defendant operated her licensed conveyancer's business from the premises. Under an associated arrangement land was let to the defendant for her horses. On a possession action, the defendant asserted that the letting was a business tenancy protected under the 1954 Act, and also claimed for improvements and counterclaimed for damages for nuisance caused by rats. The judge had found a surrender and regrant, but there had been no acquiescence in the business operation. Held: The defendant had not made out any sufficient grounds of appeal, and leave to appeal was refused.
Landlord and Tenant Act 1954 - Housing Act 1985 11
[ Bailii ]
 
Layla Hussein Ali v Lord Mayor and Citizens of City of Westminster [1998] EWCA Civ 1288
24 Jul 1998
CA

Housing, Litigation Practice
Whether the County Court has jurisdiction to grant an interlocutory injunction requiring a local authority to provide accommodation for a person who is proceeding with an appeal under s 204 of the Housing Act 1996 against a review decision made under s 202 of the Act.
Housing Act 1996 202 204
[ Bailii ]

 
 Ali v Westminster City Council; Nairne v Camden London Borough Council; CA 24-Jul-1998 - Times, 16 September 1998
 
Regina v Oxford City Council ex parte Diane Crowder [1998] EWHC Admin 794
28 Jul 1998
Admn

Housing

[ Bailii ]
 
Egbudo v Crafword Emery and Crawford Emery [1998] EWCA Civ 1341
30 Jul 1998
CA

Landlord and Tenant, Housing

[ Bailii ]
 
Connor v Brighton and Hove Council [1998] EWCA Civ 1396
14 Aug 1998
CA

Housing

[ Bailii ]
 
Mayor and Burgesses of London Borough of Barking and Dagenham v Saint [1998] EWCA Civ 1407; [1998] 31 HLR 620
21 Aug 1998
CA
Peter Gibson LJ
Housing
The council requested a warrant for possession be issued on the basis of certified arrears of £333 when they were in breach of their statutory duty to assist the tenant in his claim for housing benefit and save for £28, were relying on the product of their own wrongdoing. There were further irregularities in the application for the warrant. Finding the council's conduct oppressive, the court distinguished Aldwinckle on the footing that whereas in that case it was far from clear that a s.85(2) application would have succeeded, in Saint the likelihood of a suspension being ordered was conceded. "The categories of oppression are not closed and the court must have the power to intervene in the interests of justice in an appropriate case to correct the position where its procedures have been used unfairly to the oppression of a party."
1 Cites

1 Citers

[ Bailii ]
 
Regina v Birmingham City Council ex parte Patrick Mccrossan [1998] EWHC Admin 875
10 Sep 1998
Admn

Local Government, Housing

[ Bailii ]
 
Regina v Newham Borough Council ex parte Ojuri (No 5) [1998] EWHC Admin 880; (1998) 31 HLR 631
11 Sep 1998
Admn
David Pannick QC
Housing

1 Cites

1 Citers

[ Bailii ]
 
Drew Morgan v Hamid-Zadeh [1998] EWCA Civ 1435
15 Sep 1998
CA

Housing, Landlord and Tenant

Housing Act 1988 S2 g11 - Landlord and Tenant Act 1987 48
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Harrow London Borough Council Ex Parte Fahia; HL 16-Sep-1998 - Times, 24 July 1998; Gazette, 16 September 1998; [1998] 4 All ER 137; [1998] UKHL 29; [1998] 1 WLR 1396
 
Rector and Scholars of Exeter College of Oxford v Ulvy Juvarly Nourlan Juvarly [1998] EWCA Civ 1455
25 Sep 1998
CA

Housing

[ Bailii ]
 
Regina v London Borough of Islington ex parte Terry Margaret Reilly ex parte Sandra Mannix [1998] EWHC Admin 912; (1998) 31 HLR 651
2 Oct 1998
Admn

Housing

1 Citers

[ Bailii ]
 
Manchester City Council v Green [1998] EWCA Civ 1471
2 Oct 1998
CA

Housing

[ Bailii ]

 
 Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Emily Von Goetz; CA 8-Oct-1998 - Times, 09 October 1998; Gazette, 11 November 1998; [1998] EWCA Civ 1507; (1999) 31 HLR 669
 
East Staffordshire Borough Council v George Robert Fairless Times, 26 October 1998; Gazette, 28 October 1998; Gazette, 10 December 1998; [1998] EWHC Admin 954
14 Oct 1998
Admn

Housing
A notice of a statutory nuisance need not specify the acts required to remedy the nuisance, nor the capacity in which the person served is served. It is sufficient to identify the faults in a non-technical way. There is no good reason to import any additional requirements beyond those set out in the Act.
Environmental Protection Act 1990 82(6)
[ Bailii ]

 
 Regina v Ealing London Borough Council Ex Parte Nicola Surdonja; Admn 20-Oct-1998 - Times, 30 October 1998; Gazette, 11 November 1998; [1998] EWHC Admin 988; [1999] 1 ALL ER 566
 
Regina v London Borough of Hillingdon ex parte McDonagh Times, 09 November 1998; [1998] EWHC Admin 1015
28 Oct 1998
Admn

Land, Litigation Practice, Housing
A Local Authority seeking possession under CCR Ord. 24 of land which was occupied by gypsies, had no duty to make enquiries about their housing status. The Department of Environment circular stated only what was good practice, not what was the necessary practice.
County Court Rules 1981 Order 24 - Gipsy Sites and Unauthorised Camping (Department of Environment 18/24)
[ Bailii ]
 
Taggart v Leeds City Council [1998] EWHC Admin 1018
29 Oct 1998
Admn

Housing

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Southwark ex parte Caroline Frensdorf [1998] EWHC Admin 1028
2 Nov 1998
Admn
Moses J
Housing

[ Bailii ]
 
London Borough of Enfield v Dasgupta [1998] EWCA Civ 1657
2 Nov 1998
CA
Lord Justice Swinton-Thomas, Lord Justice Pill
Housing
The claimant sought possession of property occupied by the defendant. She had moved into the property held under a secure tenancy by a tenant, and stayed on after that tenant's death. She appealed against the possession order. Held: The grounds of application, that the case should have been adjourned, and that no money judgement had been made were not made out. Further evidence as to her medical condition and as to a letter about the rent did not add to her case. Leave to appeal refused.
[ Bailii ]
 
London Borough of Southwark v Venette Simpson [1998] EWHC Admin 1034; (1998) CO/3120/98
3 Nov 1998
Admn

Housing
It was not necessary for environmental health officers to possess medical qualifications to express opinion as to whether or not premises were prejudicial to health as defined by section 79(1)(a) of the Act. The council appealed a finding that premises constituted a statutory nuisance. Held: The parties had exchanged reports from environmental health officers. Their evidence was appropriate as a basis for findings as to a potential threat to health arising from the condition of the premises.
Environmental Protection Act 1990 79(1)(a)
1 Cites

1 Citers

[ Bailii ]

 
 Wandsworth London Borough Council v Osei-Bonsu; CA 4-Nov-1998 - Times, 04 November 1998; Gazette, 04 November 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1594; [1999] L & TR 246; (1999) 31 HLR 515; [1999] 1 WLR 1011
 
Baxter v Mayor and Burgesses of London Borough of Camden (2) Times, 11 November 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1703; [2001] QB1
5 Nov 1998
CA

Landlord and Tenant, Nuisance, Housing
A tenant taking a lease of defective premises could not complain of nuisance arising from that defect in the absence of contractual or statutory obligations. Poor sound-proofing between flats no nuisance where there was no sound-proofing standard applicable
[ Bailii ]

 
 Cherry Tree Investments v Chairman of Greater Manchester Rent Assessment Committee and others; Admn 5-Nov-1998 - [1998] EWHC Admin 1045
 
Star Lettings Limited v Robert Opara [1998] EWCA Civ 1749
11 Nov 1998
CA

Housing

[ Bailii ]
 
Regina v Mayor and Burgesses of London Borough of Newham ex parte Fitzgerald Ojuri [1998] EWCA Civ 1822
23 Nov 1998
CA
Lord Woolf MR, Morritt LJ, Tuckey LJ
Housing

1 Cites

[ Bailii ]
 
MRS S Z F Bokhari v Mr Mehment Redjep [1998] EWCA Civ 1815
23 Nov 1998
CA

Housing
The claimant appealed, saying that she had lost her action for possession when the judge had failed to allow her to amend her pleadings to add an allegation that the tenant ws using the premises for an immoral purpose, having been convicted of living off the proceeds of prostitution. Held: The amendment would introduce an entirely new allegation of fact. The judge's discretion was his to exercise and could not be said to have been exercised wrongly.
Rent Act 1977
[ Bailii ]
 
Regina v Mansfield District Council ex parte Ashfield Nominees Limited [1998] EWHC Admin 1091
26 Nov 1998
Admn

Housing

Housing Act 1985 189 190
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Royal Borough of Kingston Upon Thames v Wendy Prince Marie Emma Prince (a Minor) (Acting By Her Guardian Ad Litem Wendy Prince) [1998] EWCA Civ 1891; (1999) 31 HLR 794
2 Dec 1998
CA
Roch LJ, Hale DBE J
Housing, Children, Trusts
The Borough's tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may not have capacity to own a legal estate, but may have an equitable tenancy. The Settled Land Act operated to create a trust and a settlement for the interest to be held for a child. Minors are capable of being persons in housing law. A minor can hold an equitable tenancy of any property, including a council house.
Housing Act 1985 79 87 113(1) - Law of Property Act 1925 1(1) - Settled Land Act 1925 27(1)
1 Cites

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Kingston Upon Thames Borough Council v Prince and An Times, 07 December 1998; Gazette, 13 January 1999
7 Dec 1998
CA

Housing, Landlord and Tenant
The system of acquiring a statutory tenancy by succession creates statutory rights which need not be limited by normal and other considerations. A minor is capable in law of acquiring such despite not being of legal age to be a tenant though equitable.
Housing Act 1985 87


 
 Queensway Housing Association Ltd v Chiltern Thames and Eastern Rent Assessment Committee; Laira Properties Ltd v Same; Cherry Tree Investments v Similar Etc; QBD 11-Dec-1998 - Times, 11 December 1998; Gazette, 03 February 1999
 
Regina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant Times, 21 January 1999; Gazette, 27 January 1999; [1998] EWHC Admin 1141
17 Dec 1998
Admn

Benefits, Housing
Where children of a broken marriage split their time equally between both parents, but only one parent received all the Child Benefit, the local authority was entitled to set allowance for size of house supported by housing benefit on the same basis.
Social Security Contributions and Benefits Act 1992 130(2) 137
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1 Citers

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Manchester City Council v Cochrane and Cochrane Times, 12 January 1999; Gazette, 03 February 1999; [1998] EWCA Civ 1967; (1999) 31 HLR 810; [1999] 1 WLR 809
21 Dec 1998
CA
Lord Justice Auld, Lord Justice Judge, Sir John Knox
Housing, Litigation Practice, Judicial Review
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to appeal review was not a private law right, and the County Court had no jurisdiction in judicial review. Held: The Council's appeal was allowed. The right under an introductory tenancy was only to remain into possession until and unless a possession order was made. An introductory tenant could not raise a defence to a claim for possession when that defence was based on the contentions that (a) there had been no breaches of the tenancy agreement (the substantive ground relied on by the Council for bringing the instant proceedings), (b) the relevant Regulations had not been complied with, and (c) there had been a failure to comply with the rules of natural justice in the conduct of the review by the Panel. To hold otherwise would defeat the purpose of the legislation.
Housing Act 1996 Part V 125(1) 127 128 - Housing Act 1996 125(1) - Introductory Tenants (Review) Regulations 1997 - County Court Act 1984 38(3)
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1 Citers

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