LT Service Charges – Procedure – Landlord and Tenant Act 1985 s.20(4) – Failure to serve copy of estimates – fees part of cost of qualifying work but not required to be included in estimate. Citations: [2006] EWLands LRX – 10 – 2005 Links: Bailii Statutes: Landlord and Tenant Act 1985 20(4) Landlord and Tenant … Continue reading Richmond Housing Partnership v Smith and Another: LT 23 Jan 2006
The officer had entered a fair rent for a caravan. The site owner sought the vacation of the entry. The caravan was fully mobile, but was also connected to mains water and electric and sewage. The connections were easily removed, and the caravan was from time to time moved. Held: Whether a caravan counted as … Continue reading Regina v Rent Officer of Nottinghamshire Registration Area, ex parte Allen: 1985
Application for permission to make a second appeal. Whether defendant tenant was a secure tenant. Judges: Hale LJ Citations: [2001] EWCA Civ 852 Links: Bailii Statutes: Housing Act 1985 Sch 1 2(1) Jurisdiction: England and Wales Housing Updated: 04 July 2022; Ref: scu.218157
Application for permission to appeal against refusal of second application for permission to apply for judicial review. Held: It was not sustainable to suggest that the section was incompatible with the cliamant’s human rights. Leave to appeal was refused. Citations: [2002] EWCA Civ 1894 Links: Bailii Statutes: Housing Act 1985 93(2) Jurisdiction: England and Wales … Continue reading Nadine Delson v London Borough of Lambeth: CA 19 Nov 2002
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become secure tenants, having been allowed to continue in possession after breach of the terms of the … Continue reading London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 2005
Appeal by local authority against refusal of order for possession of property subject to a secure tenancy. Citations: [2005] EWCA Civ 639 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 30 June 2022; Ref: scu.226150
LT COMPENSATION – compulsory purchase – abandoned house in dilapidated condition – untraceable owner – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;60,000 Citations: [2005] EWLands ACQ – 96 – 2002 Links: Bailii Statutes: Housing Act 1985 17, Land Compensation Act 1961 Land Updated: … Continue reading Garrod v London Borough of Newham: LT 20 Apr 2005
LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed Citations: [2004] EWLands LRX … Continue reading Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004
The landlord had obtained a possession order, but the tenant continued in occupation as a tolerated trespasser, claiming entitlement as successors in title. Rent arrears had accrued, but even if the tenant had paid thenm the council would have sought possession. Held: The use of the word ‘rent’ in a letter from Newham was insufficient … Continue reading London Borough of Newham v Hawkins and others: CA 22 Apr 2005
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
Neuberger LJ said: ‘ I turn to the text of the letter of 25 January 2002. It referred to the Council ‘making a reasonable and suitable offer of permanent accommodation’, but it made no reference to the opinion that it was or would be reasonable for the respondent to accept the accommodation On a fair … Continue reading Tower Hamlets v Begum (Rikha): CA 23 Mar 2005
The landlord sought possession of a flat on the grounds that there were arrears of rent, and that one of the tenants had used it for the sale of drugs. It now appealed a suspension of the order, saying that the unlawful user meant that suspension should be allowed only in exceptional circumstances. Held: The … Continue reading Stonebridge Housing Action Trust v Gabbidon and Another: ChD 21 Nov 2002
A possession order was granted against a secure tenant by the court for arrears of rent. The tenant then applied to suspend the order, and the landlord opposed that application wishing to put before the court additional allegations. Held: Provided the tenant had been served with satisfactory notice of the matters upon which the landlord … Continue reading Sheffield City Council v Hopkins: CA 19 Jun 2001
The claimant landlord sought possession after long years of non-payment of rent. The secure tenant said that the landlord had entirely failed in its repairing obligations, and that the sums of rent had been expended on those repairs. Judges: Thorpe LJ Citations: [2001] EWCA Civ 295 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and … Continue reading London Fire and Civil Defence Authority v Ahktar: CA 14 Feb 2001
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution. Held: ‘section 7(1) extends the powers of a housing authority beyond those in section 23(1), or at least avoids any unclarity … Continue reading Akumah v London Borough of Hackney: CA 17 Apr 2002
ECJ Article 3(1) covered the rights and obligations of the transferor arising from a contract of employment or an employment relationship existing on the date of the transfer and entered into with employees who, in order to carry out their duties, are assigned to the part of the undertaking or business transferredRotterdamsche . . claims … Continue reading Arie Botzen And Others v Rotterdamsche Droogdok Maatschappij Bv: ECJ 7 Feb 1985
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations. Held: The general words of section 89 do not … Continue reading Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared correct. The leaseholder proceeded no further. In 1980 the law was clarified so as to indicate that … Continue reading Collin v Duke of Westminster: CA 1985
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 level of damages. For the breach of landlord’s covenant to repair. Held: The court allowed the … Continue reading English Churches Housing Group v Shine: CA 7 Apr 2004
The tenant counterclaimed an action by the landlord for rent saying the property had not been repaired under the landlord’s covenant. The water supply had for 33 months been weak, leading to only a trickle of water being available, and there had been a failure to the lighting in the common parts. Only the water … Continue reading Niazi Services Ltd v Johannes Marinus Henricus Van Der Loo: CA 10 Feb 2004
Birmingham Council had granted H and W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the home. W applied to the council, and it provided her … Continue reading Bradney, Birmingham City Council v Birmingham City Council, McCann: CA 9 Dec 2003
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she … Continue reading K v London Borough of Lambeth: CA 31 Jul 2003
The defendant sought declaratory relief in relation to the ‘one succession rule’ set out in sections 87-88 of the Housing Act 1985. Judges: Justice Murray Citations: [2018] EWHC 2733 (QB) Links: Bailii Jurisdiction: England and Wales Housing Updated: 07 June 2022; Ref: scu.628222
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land … Continue reading Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003
The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003
The tenant had fallen into arrears, and a possession order had been made. Having cleared the arrears, the possession order fell, but the landlord purported to issue a new tenancy agreement, with no security of tenure. They now sought possession under the new tenancy agreement. The tenant appealed a finding that he no longer enjoyed … Continue reading Swindon Borough Council v Aston: CA 19 Dec 2002
The employer and main contractor had contracted under the JCT conditions. The employer had been obliged to insure the property for fire in their joint names, but had not done so. After a fire caused by the negligence of a sub-contractor, he sued. Held: The judge should have concluded that the effect of the contract … Continue reading Scottish and Newcastle plc v GD Construction (St Albans) Ltd: CA 22 Jan 2003
The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order requiring the sale. Held: The 1985 Act made no reference to … Continue reading Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne: HL 14 Nov 2002
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession. Held: Parliament had given wide discretion to the courts to find a balance between the need for local authorities to recover possession where their tenants were in breach, and the … Continue reading Dunn v Bradford Metropolitan District Council etc: CA 31 Jul 2002
The pipes in a block of flats had been changed from 1.5 to 1 inch. This was all right for some 6 years until the water pressure of the supply to the building dropped. The issue was whether there was a breach of the s.11(1) covenant. The landlords appealed saying that the section imposed upon … Continue reading O’Connor and Others v Old Etonians Housing Association Ltd: CA 20 Feb 2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002
When a local authority was considering the fitness of a proposed licensee for the purposes of managing a house in multiple occupation, it was not under an obligation first to consider whether conditions proposed by the manager, would adequately meet any objections. The clause which allowed the court to attach conditions was free standing and … Continue reading Reynolds v Brent London Borough Council: CA 4 Dec 2001
The buyers agreed to purchase a property at auction, but having failed to complete they were served with a notice to complete. They challenged that notice saying there was an outstanding writ for possession against the property, and that ministerial consent had not been obtained for the sale. It was held that the claim for … Continue reading London Borough of Lambeth v Vincent and Others: ChD 16 Mar 2000
The tenant served his notice under section 122 in 1999. The authority did not admit the claim as required by section 124 within four weeks, but tried ultimately by sending a letter which the tenant never received, to resolve its doubts as to whether the claim was being genuinely made by him rather than by … Continue reading Hanoman v Southwark London Borough Council: ChD 22 Jun 2004
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999
The council having obtained a possession order, suspended on terms, through court proceedings, later sought to enforce the order by a warrant for possession issued without first giving notice to the tenant. The tenant alleged that the grant of the warrant was in breach of his right to a fair trial. Held: The hearing at … Continue reading St Brice and Another v Southwark London Borough Council: CA 17 Jul 2001
There were three issues; (1) whether it was proper for the judge to have struck out disrepair proceedings when it could be seen that an application to discharge or rescind a suspended possession order would be likely to succeed (2) whether the secure tenancy revived automatically once it could be seen that the suspended possession … Continue reading Marshall v Bradford Metropolitan District Council: CA 27 Apr 2001
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes. Held: The appeal succeeded, and the defendant was 80% liable for the injury. Where … Continue reading Sykes v Harry and Trustee of Estate of Harry, a Bankrupt: CA 1 Feb 2001
Appeal against order finding a breach of the covenant for quiet enjoyment given by it as landlord. Judges: Beldam, Otton, Judge LJJ Citations: [2000] EWCA Civ 65 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 31 May 2022; Ref: scu.147098
A local authority refused the applicants application for emergency housing as a homeless person. On the review of that decision the authority concluded that she did have priority need, but then decided that the application should be refused because it found she was intentionally homeless. The decision was a public law decision, but this did … Continue reading Crawley Borough Council v Bliss: CA 22 Feb 2000
The claimant challenged a comment in a report of the respondent that his employment by a housing association was in breach of the rules. He cohabited with a partner in the firm of solicitors acting for the association. The relationship had been open, and he had disclosed the relationship when appropriate. The respondent said that … Continue reading Regina v Housing Corporation ex parte Rodgers: Admn 11 May 1999
LANDLORD AND TENANT – service charges – right to buy c 5 year limitation on service charges – ‘straddling’ these charges – Housing Act 1985, ss 125 and 125A, Sch 6 para 16B – appeal dismissed Citations: [2012] UKUT 295 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 May 2022; Ref: … Continue reading London Borough of Havering v Smith: UTLC 21 Aug 2012
The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon the basis of, the second notice the tenants took proceedings in the county … Continue reading Copping v Surrey County Council: QBD 2005
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The court considered the meaning of ‘adjoining occupiers’ The tenant suggested that the word ‘ adjoining’ should be read literally so that the premises must be contiguous in the sense of physically joining, or being co-terminous with the holding of the tenant whose conduct was complained of. It was submitted that adjoining did not mean … Continue reading Cobstone Investments Limited v Maxim: CA 1985
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012
UTLC LANDLORD AND TENANT – service charges – whether landlord’s source of funding relevant to leaseholders’ liabilities – whether ‘blanket policy’ against discretionary relief relevant to whether service charge payable – whether replacement windows were repairs or improvements – appeal dismissed – sections 19, 20A and 27A Landlord and Tenant Act 1985 – section 219 … Continue reading Craighead v Homes for Islington Ltd and Another: UTLC 24 Feb 2010
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CHI – 43UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.622948
The claimants had purchased the first tenant’s council property under the right to buy scheme. The council had failed to disclose facts about its condition which rendered it valueless, but now appealed against the award of damages for misrepresentation. It had failed to disclose the fact and significance of the use of High Alumina Cement … Continue reading Mary Rushton, Michael Rushton v Worcester City Council: CA 16 Mar 2001
One tenant left the other in a flat subject to a protected secure tenancy. The legislation prohibited assignment of such tenancies. In order to support an application by the remaining tenant the departing tenant executed a deed purporting to release her interest in the tenancy. Held: Arcane notions of the ownership of the entire property … Continue reading Burton v London Borough of Camden: HL 27 Jan 2000
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss 18 and 19 – Housing Act 1988 ss 13 and 14 – Assured non-shorthold periodic tenancy -whether the landlord’s ability (subject to any reference to a Rent Assessment Committee) to serve a yearly notice of increase of rent (which included … Continue reading Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation. Held: The contention that a lack of adequate sound insulation can cause premises to be in such … Continue reading Vella v London Borough of Lambeth: Admn 14 Nov 2005
Housing – Right To Buy – whether appeal property particularly suitable for occupation by elderly persons – Para.11, Sched.5, Housing Act 1985 – appeal allowed Citations: [2018] UKUT 207 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 20 May 2022; Ref: scu.620102
Held. A tenant who continued to stay in property after a possession order was granted, but who paid a sum equivalent to rent as it fell due, and something off the arrears, did not necessarily thereby become a tenant again, but could be viewed as a tolerated trespasser. That status might be compromised as against … Continue reading William Watson Stirling v Leadenhall Residential 2 Ltd: CA 29 Jun 2001
The Bank’s application for planning permission was refused on the grounds that the development might prejudice the possible future widening of a road. The local authority could have prescribed a building line in accordance with a provision of the Highways Act, 1959, but in that event would have had to pay compensation for the injurious … Continue reading Westminster Bank Limited v The Minister for Housing and Local Government, Beverley Borough Council: HL 1971
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority objected, and an inquiry was held. The inspector … Continue reading O’Byrne v Secretary of State for Environment, Transport and Regions and Another: CA 17 Apr 2001
A house had been unused since 1960, and was bought in 1990. It had become delapidated and the applicant wished to rebuild. The applicant was entitled to permission only if he could show the original residential use had not been lost. Held: The residential use had been abandoned. The test was an objective one, looking … Continue reading Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000
The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
It may be unreasonable to impose a possession order against a person in respect of a failing over which they have no control.Simon Brown LJ said, having reviewed the existing authorities: ‘Those authorities clearly hold that no personal fault on the tenant’s part is required to bring a case within ground 2, although this consideration … Continue reading Portsmouth City Council v Bryant: CA 2000
The nature of the family assets may be taken into account when considering how they are to be divided in ancillary relief proceedings on divorce, where these are businesses which will be crippled or lose much of their value, if disposed of prematurely in order to fund an equal division. Coleridge J said: ‘In the … Continue reading N v N (Financial Provision: Sale of Company): FD 2001
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on protected tenants of decisions which would lead to rent increases. Citations: Times 15-Feb-2000 … Continue reading Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales: CA 20 Jan 2000
Tenants under long leases sought to recover service charges which had been paid over many years, but which they had come to consider unreasonable. The landlords resisted the claim for repayment saying the Tribunal had no power to make an order when the charges had been paid. The tribunal also said that a limitation period … Continue reading Regina v London Leasehold Valuation Tribunal Ex Parte Daejan Properties Ltd: QBD 20 Oct 2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as to allow further building. He had obtained planning permission for the proposed development. When … Continue reading Regina v Braintree District Council, ex parte Malcolm William Halls: CA 1 Mar 2000
Where a housing authority had considered and dealt with the rehousing of a substantial family, a renewed application by an adult daughter could be refused. The refusal to accept accommodation by the mother was effective as an offer for the entire household, which included in this instance the applicant. The offer and effect of its … Continue reading Regina v Camden London Borough Council, Ex Parte Hersi: CA 11 Oct 2000
The council had issued notices requiring renovation works. The property owner applied for grants to cover such works, but the application was refused on the basis that no estimate accompanied the application. It was held that the grants were intended to be mandatory. The council had discretion to accept applications without this information, and in … Continue reading Regina v Greenwich London Borough Council, Ex Parte Glen International Ltd and Another: CA 29 Mar 2000
A youth had left care, and been given a secure tenancy. He was convicted of an offence, including one for having stolen goods at the flat. He was sentenced to six months detention, and the council applied for possession. On release he asked for the possession to be suspended, but the order was made. On … Continue reading Grogan v Greenwich London Borough Council: CA 2 Mar 2000
CONSTRUCTION – DIY Refund – Cottage used as dwelling up to 2000 – Later declared unfit under Housing Act 1985 and deleted from council tax register – Conversion and extension by purchasers – Whether `non-residential’ before conversion – No – VATA 1994 s.35, Sch 8 Grp 5 Notes (7A) and (18) – Appeal dismissed Citations: … Continue reading Johnson and Another v Revenue and Customs: VDT 14 Dec 2007
The court was concerned with the ‘secure’ tenancy regime and the proper approach to the 1985 Act. The court took a ‘purposive approach’ in considering whether to allow the making of an amendment to a conditional possession order on the basis of new facts relating to the illegal activities of the tenant. The alternative would … Continue reading Manchester City Council v Finn: CA 2002
The tribunal could only consider an application to review the reasonableness a landlord’s service charge to the extent that it remained unpaid. Both the county court and the tribunal had jurisdiction to hear such claims, but the provisions for the tribunal required the charges to be ‘alleged to be payable’ and that could not be … Continue reading Regina v London Leasehold Valuation Tribunal, ex parte Daejan Properties Ltd: CA 12 Jul 2001
A local authority notice to complete issued by local authority to a tenant acquiring a house under the right to buy provisions, was not valid where one tenant had withdrawn from the purchase application, and the authority had accepted that the other could proceed. The removal of a tenant amounted to a relevant outstanding matter … Continue reading Senbanjo v Brent London Borough Council: ChD 4 Jan 2001
The defendant had purchased the property from the council under the right to buy scheme. He had been encouraged and supported in this by a third party company who had put together a scheme apparently intended to circumvent the requirement that the property be occupied for three years. The property was sold and the council … Continue reading Islington London Borough Council v Dornan: CA 4 Nov 2005
The House considered the position of a statutory tenant under the 1977 Act, when application was made under the 1967 Act. Citations: [1985] AC 828 Statutes: Matrimonial Homes Act 1967 Sch2 3(1), Rent Act 1977 Jurisdiction: England and Wales Cited by: Leave applied for – Gay v Sheeran, London Borough of Enfield CA 18-Jun-1999 The … Continue reading Lewis v Lewis: HL 1985
The claimant (defending proceedings for possession by the local authority) had lived with the deceased secure tenant in a lesbian relationship for some years and was so living at the date of her death. She sought to defend her occupation saying she qualified as a spouse of the deceased. Held: The defence failed: ‘I agree … Continue reading Harrogate Borough Council v Simpson: CA 1985
The defendant was employed by the local authority as a house-master at a school run by the plaintiff. He held a service licence of a furnished flat at the school expressed to be ‘for the better performance of his duties’. Later he married, and on his request was allowed to occupy a school house. Though … Continue reading Royal Philanthropic Society v County: CA 1985
The applicant and her child had been accepted to be in emergency housing need, and had been given temporary bedsit accomodation in a facility they owned and managed. She had a sink, cooker and fridge, and shared bathroom and toilet facilities and a communal sitting room. She had a licence only, and no tenancy. She … Continue reading Regina v East Hertfordshire District Council, Ex parte Hunt: 1985
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down … Continue reading Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
LT COMPENSATION – compulsory acquisition of long leasehold house in poor condition – mortgage – value of unencumbered long leasehold interest determined at andpound;7,600 – no deduction of charges when determining market value – lack of evidence regarding mortgage – no determination of amounts payable to claimantsAn order had been made for the compulsory purchase … Continue reading Beard and Natwest Bank v Wigan Metropolitan Borough Council: LT 31 Dec 2001
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 … Continue reading Parkins v City of Westminster: CA 20 Nov 1997
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
Northern : Landlord and Tenant Act 1985 – Section 20ZA Citations: [2014] UKFTT RP – MAN – 00BW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 27 April 2022; Ref: scu.629829
The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019
The House considered the concept of a spent planning consent. Held: This was a mineral operation and every shovelful dug amounted to another act of development. Therefore, although it had been begun, the planning permission was not spent and remained capable of implementation. A planning permission enures for the benefit of the relevant land and … Continue reading Pioneer Aggregates (UK) Limited v Secretary of State for the Environment: HL 1985
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 … Continue reading Ainsdale Investments Ltd v First Secretary of State and Another: QBD 14 May 2004
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding objective, which required the court to take account of … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne: Admn 20 Aug 1999
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The local authority objected, and an inquiry was held. The inspector held that the green belt policy itself would not be affected, but a sale would impinge on the management of the park where … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, Ex Parte O’Byrne: QBD 8 Jun 2000
A person became threatened with homelessness once a court had ordered possession of a property. A local authority investigation the homelessness need must begin to act at that point rather than to await the point at which the possession order was executed, by which time the applicant had become homeless. Once the person was so … Continue reading Regina v Newham London Borough Council, Ex Parte Khan and Another: QBD 9 May 2000
The complainant requested information relating to the names and addresses of people who had had enforcement notices, known as section 352 notices, issued on their properties under the public authority’s policy in compliance with section 352 of the Housing Act 1985. The public authority provided some information, but withheld the names of the property-holders on … Continue reading Eastbourne Borough Council (Decision Notice): ICO 26 Aug 2009
An application under Paragraph 11 of Schedule 5 to the Housing Act 1985 in respect of determination as to whether a dwelling house is suitable for occupation Citations: [2015] UKFTT RP – BIR – 00CW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 01 April 2022; Ref: scu.626257
Challenge on public law grounds to making of possession order on basis of closure order having been made. Judges: Gross, Lewison, Flaux LJJ Citations: [2017] EWCA Civ 1476 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 30 March 2022; Ref: scu.595816
The claimant sought damages under the 1977 Act. The defendant said it had behaved lawfully. He had been housed in a hostel pending a decision on the application for permanent housing as a homeless person, which the defendant said excluded him from protection under the 1977 Act. Held: The claimant’s appeal failed.Auld LJ said: ‘the … Continue reading Rogerson v Wigan Metropolican Borough Council: QBD 14 Jul 2004
The tenant had a five year flexible tenancy. The landlord sought to terminate the tenancy for antisocial behaviour. She responded that the agreement included no express provision for re-entry or forfeiture. The Council landlord now appealed a finding that it did not have the right of re-entry. Held: The Council’s appeal succeeded in part. Citations: … Continue reading Croydon London Borough Council v Kalonga: SC 9 Mar 2022
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
