When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998
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 … Continue reading Gray and others v Taylor: CA 2 Apr 1998
UTLC COMPENSATION – compulsory purchase – absent and untraceable owners – house in state of disrepair – cost of repair and refurbishment – valuation – comparable transactions – relevance of price achieved by formal tender – Housing Act 1985 section 17 and Acquisition of Land Act 1981 – compensation determined at andpound;205,000 Citations: [2013] UKUT … Continue reading Stephenson and Another v East Riding of Yorkshire Council: UTLC 7 Feb 2013
The tenant, the claimant’s mother had surrendered the tenancy before her death. The claimant now said that she should have been allowed to succeed to the tenancy and that the possession order was disproportionate. Judges: Keith J Citations: [2013] EWHC 518 (QB) Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing, Human Rights … Continue reading Birmingham City Council v Beech and Another: QBD 15 Mar 2013
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 pounds 1,500 for chattels damaged by the damp. Held: ‘I, for my part, would think it perfectly absurd in a case like this … Continue reading Stanbury v Mayor and Burgesses of London Borough of Lambeth: CA 5 Dec 1997
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
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 … Continue reading Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997
The council challenged a decision as to their claim for possession of a ground floor flat where the court granted a possession order but suspended possession on terms that the Respondent (1) complied with his tenancy agreement and (2) obeyed the Injunction Order made on that date. The appeal is as to the correctness of … Continue reading Birmingham City Council v Ashton: CA 29 Nov 2012
The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s possession of the premises. Held: Such a clause was not consistent with a … Continue reading National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd: CA 18 Oct 2001
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997
The council had stopped paying rents on properties let by the claimants to the homeless, claiming first breaches of the leases. When later they were sued, they defendant by saying that since the properties had been let without the required statutory assessment of fair rents, the leases were void and no rents were due. The … Continue reading Charles Terence Estates Ltd v Cornwall Council: CA 13 Nov 2012
The claimant challenged a compulsory purchase order made against his property under the 1985 Act. Judges: Kenneth Parker J Citations: [2012] EWHC 2835 (Admin) Links: Bailii Statutes: Housing Act 1985 Land, Housing Updated: 05 November 2022; Ref: scu.464961
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 … Continue reading Andrews and Another v Brewer and Another: CA 17 Feb 1997
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 … Continue reading Dover District Council v Sherred and Another: CA 5 Feb 1997
Assessment of priority for housing allows inclusion of non statutory matters. Citations: Times 04-Mar-1997 Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 05 November 2022; Ref: scu.88338
The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it. Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of the way in which I consider that this appeal should be determined, it would … Continue reading Copping v Surrey County Council: CA 21 Dec 2005
Misbehaviour of a tenant in the immediate neighbourhood of tenanted property could be a nuisance in respect to that tenancy. Citations: Times 03-Jan-1997, Gazette 11-Mar-1998, [1997] EWCA Civ 821 Statutes: Housing Act 1985 Sch 2 Ground 2 Jurisdiction: England and Wales Housing, Landlord and Tenant Updated: 04 November 2022; Ref: scu.84352
A tenat’s right to buy property should not effect the assessed fair rent on review. Citations: Times 09-Aug-1996 Statutes: Housing Act 1985 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 31 October 2022; Ref: scu.79958
Accommodation provided by a local authority need not be permanent in order to satisfy the statutory requirement to assist somebody in need of assistance for homelessness. The full duty might be discharged by securing the offer of an assured shorthold tenancy of suitable premises Judges: Sir Thomas Bingham MR Citations: Times 07-Jun-1996, [1997] QB 953 … Continue reading Regina v Wandsworth London Borough Council Ex Parte Wingrove; Regina v Same Ex Parte Mansoor: CA 7 Jun 1996
Citations: [2003] EWCA Civ 20 Links: Bailii Statutes: Housing Act 1985 S2G5 Jurisdiction: England and Wales Housing Updated: 31 October 2022; Ref: scu.181111
The fact that a secure tenant was an illegal and an overstaying immigrant and therefore should not have been granted a tenancy, gave no right to the council as landlord summarily to evict him. Citations: Gazette 22-May-1996, Times 13-May-1996, (1996) 29 HLR 259 Statutes: Housing Act 1985 81 Jurisdiction: England and Wales Cited by: Cited … Continue reading Akinbolu v Hackney London Borough Council: CA 13 May 1996
LT COMPENSATION – compulsory purchase – abandoned house in state of disrepair – untraceable owner – cost of repair and refurbishment – valuation – comparable transactions – Housing Act 1985 section 17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;185,000. Citations: [2008] EWLands ACQ – 304 – 2008 Links: Bailii Statutes: … Continue reading Clarke v London Borough of Newham: LT 25 Sep 2008
The landlord council and tenant claiming his right to buy disputed the reasonableness of terms proposed by the council for inclusion in the lease. The tenant served a RTB6 notice and the landlord served a RTB7 Counter notice relying on the reasonableness of the terms proposed. The tenant served a RTB8 operative notice of delay … Continue reading Guinan v Enfield London Borough Council: CA 1996
A child, en ventre sa mere, is not a sufficiently separate person to be someone to whom consideration could given for its own housing needs. Citations: Times 03-Feb-1995 Statutes: Housing Act 1985 75 Jurisdiction: England and Wales Housing Updated: 27 October 2022; Ref: scu.163310
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were overstaying. Citations: Independent 23-Feb-1996, Gazette 20-Mar-1996, Times 27-Feb-1996, (1996) 28 … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996
A Local Authority’s failure to operate its Housing Act duties correctly gave no right to a private law claim for damages Citations: Times 01-Aug-1995, Independent 09-Aug-1995 Statutes: Housing Act 1985, Supreme Court Act 1981 31(4) Jurisdiction: England and Wales Housing, Local Government Updated: 27 October 2022; Ref: scu.87463
When a tenant sought an order enforcing his right to buy his house, the judge had no discretion to refuse the order on the grounds of hardship. Once the conditions were satisfied, the tenant’s rights were absolute. Citations: Ind Summary 01-Mar-1993 Statutes: Housing Act 1985 138(3) Jurisdiction: England and Wales Housing, Local Government Updated: 26 … Continue reading Taylor v Newham London Borough Council: CA 1 Mar 1993
Council’s Housing offer was insufficient – properly rejected. Citations: Independent 09-Mar-1993 Statutes: Housing Act 1985 65(2) 69(1)(b) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88353
An applicant was properly deemed to be intentionally homeless when he had lost his former house through his own fraudulent acts. Citations: Times 11-May-1993 Statutes: Housing Act 1985 60(1) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88379
The surrender of a legal interest in a property does not inevitably mean that that person is intentionally homeless. Citations: Times 23-Jun-1993 Statutes: Housing Act 1985 60(1) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88255
Child’s needs must be taken into account in respect of re-housing. Citations: Gazette 13-Jul-1993, Times 18-May-1993 Statutes: Housing Act 1985 75, Housing Act 1985 Part III, s 75 Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88297
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless. Citations: Independent 18-Aug-1993, Times 04-Aug-1993 Statutes: Housing Act 1985, Children Act 1989 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Northavon District Council ex parte Smith HL 18-Jul-1994 Local Authority is … Continue reading Regina v Northavon District Council, ex parte Smith: CA 4 Aug 1993
Temporary housing may be treated as being settled, so an abandonment of it may be intentional homelessness.The applicant had been accepted by Tower Hamlets as unintentionally homeless and in priority need, and given temporary accommodation. She refused a permanent place offered to her and was evicted. She applied to Brent who concluded that her refusal … Continue reading Regina v Brent London Borough Council Ex Parte Awua: CA 31 Mar 1994
A Local Authority may delay the grant of permanent accommodation to await the expiry of a short term lease. Leggatt LJ said that accommodation under section 65(2) ‘does have to be secured without limit of time and so . . be indefinite.’ Dillon LJ said that ‘the accommodation to satisfy the council’s duty must . … Continue reading Regina v Brent London Borough Council Ex Parte MacWan: CA 6 Apr 1994
A statutory tenancy was not a lease and the court had no jurisdiction to vary its terms. Citations: Ind Summary 15-Aug-1994 Statutes: Housing Act 1985 317 621 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 26 October 2022; Ref: scu.82553
A Local Authority was liable for its negligent reference of a homeless person to unsafe premises. Citations: Gazette 10-Mar-1993 Statutes: Housing Act 1985 65(4) Jurisdiction: England and Wales Negligence, Local Government Updated: 26 October 2022; Ref: scu.80352
The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: ‘It is a creature of statute and is sui generis; if … Continue reading City of Bradford Metropolitan Council v McMahon and McMahon: CA 21 Apr 1993
A covenant to pay a service charge imposed on any purchasing tenants was valid. Citations: Gazette 23-Mar-1994 Statutes: Housing Act 1985 Part V Jurisdiction: England and Wales Land, Landlord and Tenant Updated: 26 October 2022; Ref: scu.79575
LT COMPENSATION – mortgagee but not claimant appearing – unfit house – interior but not exterior well maintained – Housing Act 1985 Schedules 23 and 24 – whether entitlement to owner-occupier supplement – alternatively whether compensation to include well-maintained payment – evidence not establishing that claimant had interest in house throughout Schedule 24 qualifying period … Continue reading Farrell v First National Bank Plc: LT 1 Nov 1999
The applicant had set out to purchase a property, paying by instalments over several years. Part way through he secured a transfer of the property, and gave a charge to the lender. Later he defaulted on payments to the lender. In the meantime, a compulsory purchase order was made, and the question arose as to … Continue reading Farrell v First National Bank Plc: CA 26 Jun 2001
The court considered what was to happen when a person in overcrowded accommodation sought rehousing: ‘Part 10 of the 1985 Act concerns overcrowding. Its pivotal provision is section 327 which provides that, subject to some exceptions, the occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence. It is … Continue reading Elrify v City of Westminster Council: CA 23 Mar 2007
A local authority may not rely for homelessness application on information on transfer. Citations: Times 02-May-1994 Statutes: Housing Act 1985 58 Jurisdiction: England and Wales Housing Updated: 21 October 2022; Ref: scu.87997
Dispute as to exercise of right to buy premises from local authority – when notice served. Judges: Sir Andrew Morritt C, Carnwat LJ, Moses LJ Citations: [2006] EWCA Civ 1366 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Local Government Updated: 20 October 2022; Ref: scu.249065
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
The council appealed against refusal of possession orders against their tenant. Judges: Mummery, Etherton, Patten LJJ Citations: [2011] EWCA Civ 1450 Links: Bailii Statutes: Housing Act 1985 79(1) Jurisdiction: England and Wales Housing Updated: 29 September 2022; Ref: scu.449756
The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011
COMPENSATION – prohibition order – Housing Health and Safety Rating System Regulations – category 1 hazard – flat – crowding and space – section s584A Housing Act 1985 – S.5 Land Compensation Act 1961 – Rule 4 – whether use of flat (a) contrary to law (b) detrimental to health of the occupants – nil … Continue reading Haq v Eastbourne Borough Council: UTLC 10 Oct 2011
The appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence. Held: The court considered whether the appellants should instead have applied to have the judgments set aside. Judges: Moore-Bick, Gross LJJ Citations: [2011] EWCA Civ … Continue reading Williams and Another v Hinton and Another: CA 14 Oct 2011
Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such offer. Having rejected it as unsuitable, she was given notice to quit the temporary accomodation. She then … Continue reading Regina (on the application of) Awua v Brent London Borough Council: HL 6 Jul 1995
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination. Held: In secure tenancies, the authority had to consider the reasonableness of making a possession order, and in situations where it was enforcing a possession … Continue reading Council of the City of Manchester v Romano, Samariz: CA 1 Jul 2004
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011
Renewed application for permission to appeal from an order dismissing the claimant’s appeal from the notice served by the defendant, Nottingham City Council, as the local housing authority under section 352 of the Housing Act 1985. Citations: [2002] EWCA Civ 1356 Links: Bailii Jurisdiction: England and Wales Housing Updated: 02 September 2022; Ref: scu.217580
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss18 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 Home Group Ltd v Lewis and others: LT 3 Jan 2008
The claimants were residents of care homes. The homes were owned by charitable companies providing housing and support for persons with mental disorders. The company’s had altered the agreements so that the claimants became assured tenants. The claimants appealed the refusal of the respondents to de-register the homes. Held: The appeals were dismissed. The crucial … Continue reading Moore and others v Care Standards Tribunal and Another: CA 24 May 2005
The claimant had been a foster son and was now the administrator of the estate of the deceased tenant. He sought to occupy the property as a successor under the 1985 Act. He said that as a former foster child, he had become a member of the deceased’s family and the 1985 should be read … Continue reading Sheffield City Council v Wall (Personal Representatives of) and Others: CA 30 Jul 2010
W owned land which had been used for many years to store showground equipment over the winters. He applied for an existing use certificate. After refusing it, the authority issued enforcement proceedings. The inspector refused W’s appeal saying that there had been an abandonment in fact. The land-owner now argued that a use could not … Continue reading White v Secretary of State for the Environment: CA 1989
The employee occupied the property under a licence granted by his employer for the better performance of his employment duties. At first he had been taken on as a semi-skilled mechanic, but he was later offered occupation of the employer’s bungalow so that he would be readily available as a coach driver after obtaining a … Continue reading Norris (t/a J Davis and Son) v Checksfield: CA 17 Apr 1991
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010
The tenant occupied a maisonette under a secure tenancy of the plaintiff. She sought damages for breach of the repairing covenant implied under s11. Questions arose as to whether L should have told her not to dry clothes in a heated cupboard so as to cause damp, if she had whether the resulting damp was … Continue reading Southwark London Borough Council v McIntosh: ChD 2002
COMPENSATION – Closing Order – premises unfit for human habitation – diminution in value – compensation awarded nil. – Land Compensation Act 1961 and Housing Act 1985, s.584A. Citations: [2000] EWLands LCA – 146 – 2000 Links: Bailii Jurisdiction: England and Wales Land Updated: 16 August 2022; Ref: scu.225616
The tenant was a successor tenant with security, and sought to exercise his right to buy. The authority itself claimed possession saying that the property was too large. Held: The statute gave rise to competing claims.The tenant’s right to buy did not take automatic precedence over the authority’s right to possession. In this case the … Continue reading Basildon District Council v Wahlen: CA 28 Mar 2006
A headmaster’s occupation of a house in the school was not ‘for the better performance of his duties’, and so was not a tied house, and so he had the right to buy it. A term could not be implied into his contract to require him to occupy the house. Citations: Ind Summary 06-Dec-1993, Gazette … Continue reading Hughes and Another v Greenwich London Borough Council: HL 26 Oct 1993
COMPENSATION – Compulsory acquisition of house in poor repair – failure of owner to respond to notices and offers – comparable values – price to be paid for freehold – Housing Act 1985 s.290 and Acquisition of Land Act 1981 – compensation pounds 30,000. Citations: [2000] EWLands ACQ – 91 – 2000 Links: Bailii Jurisdiction: … Continue reading Ghulam v Bristol City Council: LT 3 Nov 2000
COMPENSATION – compulsory purchase – house in dilapidated and uninhabitable condition – untraceable owner – valuation – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at pounds 260,000 Citations: [2006] EWLands ACQ – 14 – 2005 Links: Bailii Jurisdiction: England and Wales Land Updated: 14 August … Continue reading Hussain v London Borough of Newham: LT 15 Feb 2006
The authority complained that during the course of the trial, the judge had repeatedly intervened during oral evidence. Held: A judge must be careful not to repeatedly intervene during oral evidence as opposed to counsel making submissions. The risk was not whether a reasonable observer would see bias, but that the judge would have descended … Continue reading London Borough of Southwark v Kofi-Adu: CA 23 Mar 2006
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the controls. There was no evidence of this having been done for payment. … Continue reading Birmingham City Council v Qasim and Others: CA 20 Oct 2009
LT LANDLORD AND TENANT – service charge – lease granted pursuant to the right to buy provisions of the Housing Act 1985 – construction of lease – construction in the context of the admissible background including the terms of the landlord’s s.125 notice – whether landlord entitled to charge instalments towards future repairs and to … Continue reading Leicester City Council v Theo Master: LT 12 Dec 2008
Right to buy application time limit extended for delay by local authority in arranging repairs. Judges: Sir Anthony May P QBD, Arden, Jacon LJJ Citations: [2009] EWCA Civ 837 Links: Bailii Statutes: Housing Act 1985 140 Jurisdiction: England and Wales Housing Updated: 30 July 2022; Ref: scu.371878
A claim was made for a statutory succession to an assured tenancy. The judge had found that the appellant was occupying the flat at the time of the death of her father (the tenant) as her only home, but that she had not ‘resided with’ him throughout the previous year. This was so despite the … Continue reading Freeman v London Borough of Islington: CA 11 Jun 2009
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national law – Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations – Obligation … Continue reading Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004
Local Authority may re-house in private sector on an assured shorthold tenancy which was expected to be renewed under normal circumstances. Citations: Independent 30-Mar-1995, Times 12-Apr-1995 Statutes: Housing Act 1985 65(2) Jurisdiction: England and Wales Housing, Local Government Updated: 24 July 2022; Ref: scu.88242
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act. Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts … Continue reading Doran v Liverpool City Council: CA 3 Mar 2009
A council must give proper reasons concerning a person’s housing application. Citations: Times 27-May-1993 Statutes: Housing Act 1985 59(1) (c) Jurisdiction: England and Wales Housing Updated: 23 July 2022; Ref: scu.86978
The tenancy was granted as a protected tenancy under the 1977 Act. Before the grant L mentioned, but not in writing, that she might need the flat in the future for a member of her family. She now sought possession for a tenancy for her son. At first instance, the court found in her favour … Continue reading Fernandes v Pavardin: CA 1982
LANDLORD AND TENANT – service charges – landlord’s covenant to repair structure and exterior of premises – whether external windows part of structure and exterior – held that they were – Landlord and Tenant Act 1985 s27A; Housing Act 1985 Sch 6 para 14(2). Citations: [2008] EWLands LRX – 146 – 2007 Links: Bailii Statutes: … Continue reading Sheffield City Council and Another v Oliver: LT 18 Aug 2008
There was no cause of action for damages when a Housing Authority breaches duty. Citations: Times 16-Mar-1994 Statutes: Housing Act 1985 62 Jurisdiction: England and Wales Local Government Updated: 21 July 2022; Ref: scu.87473
An unborn child is a sufficient ‘person’ to be someone who might reside with an applicant wanting to be housed. Citations: Independent 15-Sep-1994, Times 29-Jul-1994 Statutes: Housing Act 1985 75 Jurisdiction: England and Wales Housing Updated: 21 July 2022; Ref: scu.87430
Citations: [2019] EWCA Civ 1331 Links: Bailii Statutes: Housing Act 1985 89 Jurisdiction: England and Wales Housing Updated: 19 July 2022; Ref: scu.639791
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
The court was asked ‘If a former secure tenant of a dwelling-house who has become a ‘tolerated trespasser’ in it decides to cease to occupy it, does his liability to pay mesne profits to his former landlord in respect of the dwelling-house cease when he gives up possession of it or does it continue until, … Continue reading Jones v London Borough of Merton: CA 16 Jun 2008
The appellant challenged a finding that though she was named as joint tenant of the property with her mother, she had no beneficial interest in it. The property had formerly been a council house tenanted by the respondent and her late husband.Lord Neuberger of Abbotsbury said: ‘When it comes to assessing the contributions to the … Continue reading Laskar v Laskar: CA 7 Feb 2008
The claimant challenged the Act as being an unlawful discrimination. Held: The 1985 Act in allowing only one succession to a secure tenancy found a proper balance between the needs of the tenant’s family and the duty of a local housing authority to manage its housing stock in the interests of the locality and of … Continue reading Regina (Gangera) v London Borough of Hounslow: Admn 2003
The claimant was a council tenant with the right to buy her property. A possession order was made, but then discharged. Held: On the revival of the tenancy her right to buy and discount was also revived, and there was no need to serve a fresh notice. Judges: Lord Justice Pill, Lord Justice Keene and … Continue reading Honeygan-Green v London Borough of Islington: CA 22 Apr 2008
The Council appealed against declarations given that the respondent tenants (wildlife rangers) were entitled to purchase the freehold of their homes under right-to-buy. The Council said that the tenancies were occupied in connection with their employments. Held: Richards LJ said: the provision is to be construed as laying down two distinct conditions: first, that ‘his … Continue reading Wragg and others v Surrey County Council: CA 1 Feb 2008
Judges: Dyson LJ, Jacon LJ, Sir Anthony Clarke MR Citations: [2007] EWCA Civ 1126 Links: Bailii Statutes: Housing Act 1985 87 Jurisdiction: England and Wales Housing Updated: 12 July 2022; Ref: scu.260275
The applicant sought housing as a homeles person. Her present accommodation for herself, her husband and five children was so overcrowded that continued occupation was a criminal offence. She appealed a finding that it was reasonable to continue living there notwithstanding the continuing commission of the offence. Held: The appeal failed. The statutory guidance correctly … Continue reading Harouki v Royal Borough of Kensington and Chelsea: CA 17 Oct 2007
The court considered whether the determination of a secure tenancy by the granting of a possession order, brings to an end an existing application which has established the right to buy at a particular time and at a particular price, or whether such an application is capable of being revived once the tenancy itself has … Continue reading Islington London Borough Council v Honeygan-Green (Honeygan): QBD 25 May 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
Application for judicial review, challenging a decision of the local authority which found the applicant to be intentionally homeless, and raising in an acute from the sufficiency of the reasons for that decision within section 64(4) of the Housing Act 1985. Citations: [1994] EWHC 8 (Admin) Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and … Continue reading Hinds, Regina (on The Application of) v London Borough of Islington: Admn 15 Jul 1994
The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had relied on reports she had not seen. The authority … Continue reading Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007
