A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for entitling the couple to qualify as a family. The couple would qualify by themselves, … Continue reading T Petitioner: OHCS 20 Aug 1996
The local connection test for rehousing may be applied as at the date of the application for housing: ‘In my judgment a local authority may properly ask itself whether the applicant had a local connection . . at the date of the application under Part III of the Housing Act, 1985 so long as it … Continue reading Regina v Newham London Borough Council Ex Parte Smith: QBD 11 Apr 1996
The claimant sought to challenge a refusal of the Housing Authority to pay housing benefit. The Secretary of State had made the relevant Regulations determining eligibility for benefits. If the challenge were successful, the Secretary of State would be affected financially by reason of his obligation to pay sums to the Authority. Held: The Secretary … Continue reading Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996
Rent arrears are a proper consideration for a Local Authority in allocating a housing tenancy. Citations: Times 11-Apr-1996 Statutes: Housing Act 1985 22 Housing Updated: 09 April 2022; Ref: scu.87102
The words ‘other special reason’ for housing need within the section are to be to be read narrowly. The section was to be read as a whole and was not indended to cover impecuniosity through the denial of benefits. Citations: Times 01-May-1996 Statutes: Housing Act 1985 59(1) Cited by: Appeal from – Regina v Kensington … Continue reading Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar: QBD 1 May 1996
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994
A possession order was properly made against a tenant for the misbehaviour of a family member. Citations: Times 15-Jul-1996, [1996] 29 HLR 507 Statutes: Housing Act 1985 Sch 2 Part 1 Jurisdiction: England and Wales Cited by: Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997 The local authority had obtained a possession … Continue reading Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996
Judges: Lord Justice McCombe Citations: [2020] EWCA Civ 1458 Links: Bailii Statutes: Housing Act 1996 184 Jurisdiction: England and Wales Housing Updated: 03 April 2022; Ref: scu.655575
Citations: [2017] EW Misc 10 (CC) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 27 March 2022; Ref: scu.590778
Mathew Gullick, (Sitting as a Deputy Judge of the High Court) [2020] EWHC 3100 (Admin) Bailii Housing Act 1996 204 England and Wales Housing Updated: 17 January 2022; Ref: scu.656308
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015
Use of the private rented sector by local housing authorities in causing their duty under s. 193(2) of the Housing Act 1996 to cease. [2021] EWCA Civ 1688 Bailii England and Wales Housing Updated: 22 December 2021; Ref: scu.669790
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy would be void if any fact warranted in the proposal was wrong. The form … Continue reading Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: CA 4 Oct 2013
Conditions for Anonymity Orders The claimant sought judicial review of the Defendant’s failure to provide suitable accommodation under its duty under section 193(2) of the 1996 Act. The Defendant admitted breach of its statutory duty because the accommodation that it was providing was not suitable. The parties now disputed the relief: she contended that a … Continue reading Imam, Regina (on The Application of) v The London Borough of Croydon: Admn 26 Mar 2021
Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
An assured tenant sought to challenge a possession order made for rent arrears. He said that as a public body the landlord had a duty under human rights law to pursue all posssible alternate solutions before seeking possession. Held: The property was one taken over by the Association as former local authority housing stock and … Continue reading Weaver, Regina (on the Application of) v London and Quadrant Housing Trust: Admn 24 Jun 2008
Failure to Provide Signers was Discriminatory The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the requirements, but disagreed as to the need for continued review, the defendant saying that … Continue reading Rowley, Regina (on The Application of) v Minister for The Cabinet Office: Admn 28 Jul 2021
The Board considered a banking transaction and the application of a chargeback by the bank, under which a loan was made only after a deposit by a third party against which it was secured, and particularly in the context of the insolvency of the bank itself. Held: Lord Mustill discussed the need to construe a … Continue reading Tam Wing Chuen v Bank of Credit and Commerce Hong Kong Ltd: PC 1996
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
A desire to attend at a mosque and to be near a Muslim school was insufficient local connection to make the local authority responsible for re-housing the applicant. Times 15-Apr-1996 Housing Act 1967 61 67 England and Wales Housing Updated: 31 October 2021; Ref: scu.88294
The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .
. .
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
The claimants were to be awarded damages, having been fraudulently induced to purchase shares. The defendant claimed that the increase in the value of the shares which had subsequently occurred should be taken to reduce the damages awarded because . .
The claimant challenged a decision to refuse to accept a fresh homelessness application from him following an alleged change in his circumstances. The short point in this matter can be stated as follows namely, whether the Claimant acquired a local . .
Challenge to a review decision by the London borough of Hackney that he had become homeless intentionally and was not therefore owed more than the limited housing duty prescribed by s.190 (2) of the Housing Act 1996. . .
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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Citations: [2007] EWHC 2554 (Admin) Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 06 December 2022; Ref: scu.260295
Judges: Mr Justice Hughes Citations: [2006] EWHC 329 (Admin) Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 05 December 2022; Ref: scu.238770
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant asserted bias on the part of the head of the housing needs and resources of … Continue reading Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster: CA 18 Oct 2004
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment. Held: The section gave the authority a wide discretion which should be respected. The authority had acted lawfully. Citations: … Continue reading Regina v Brighton and Hove Council ex parte Nacion (2): CA 1 Feb 1999
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. Citations: [1998] EWCA Civ 1288, [1999] 1 WLR 384 … Continue reading Ali v Lord Mayor and Citizens of City of Westminster: CA 24 Jul 1998
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 … Continue reading Regina v Lord Mayor and Citizens of City of Westminster ex parte Ellioua: CA 2 Jul 1998
The appellant challenged the decision that accomodation offered to her being temporary was lawful and fair. Judges: Kitchin, lloyd Jones, McCombe LJJ Citations: [2013] EWCA Civ 325 Links: Bailii Statutes: Housing Act 1996 202 204 Jurisdiction: England and Wales Housing Updated: 17 November 2022; Ref: scu.472572
A homeless gypsy caravan dweller applied for housing. The authority offered temporary bed and breakfast accomodation. She complained that she had an aversion to living in bricks and mortar. Held: The authority had discharged its function. The duty of the authority was to secure the availability of suitable accommodation within a reasonable period of time, … Continue reading Codona v Mid-Bedfordshire District Council: CA 15 Jul 2004
The applicant had been found to be homeless, and not intentionally so, and entitled to housing assistance. He requested a review of a decision of the local authority not to refer his application for housing assistance to another authority. Held: The power to require a review was intended to protect an applicant for housing assistance … Continue reading The London Borough of Hackney v Sareen: CA 19 Mar 2003
The respondent had requested a review of his housing priority need. He had applied to the Authority under the homelessness provisions of the 1996 Act, the Council decided that he was not in priority need. The solicitors then acting for him requested a review of that decision. The decision on the review / upheld the … Continue reading London Borough of Hamlets v Al Ahmed: QBD 26 Mar 2019
Citations: [2003] EWCA Civ 1967 Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 11 September 2022; Ref: scu.193647
The court considered questions arising under the review procedure applicable under homelessness provisions. Judges: Maurice Kay LJ VP, Rimer, Etherton LJJ Citations: [2011] EWCA Civ 355 Links: Bailii Statutes: Housing Act 1996 202, Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 Jurisdiction: England and Wales Housing Updated: 06 September 2022; Ref: scu.431750
Application for leave to appeal from refusal of a judicial review of council’s refusal to review the adequacy of housing offered to her. Judges: Males LJ Citations: [2019] EWCA Civ 1592 Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 16 August 2022; Ref: scu.641781
The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had also suffered an injury preventing him working. Held: The appeal succeeded. The term ‘worker’ … Continue reading Barry v London Borough of Southwark: CA 19 Dec 2008
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. Citations: [1998] EWHC Admin 206 Links: Bailii Statutes: Housing Act 1996 … Continue reading Regina v Ellioua: Admn 19 Feb 1998
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become intentionally homeless. The authority refused to extend her time to request a review. She now … Continue reading C v London Borough of Lewisham: CA 4 Jul 2003
Citations: [2018] EWCA Civ 1595 Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 25 April 2022; Ref: scu.619393
Appeal against finding that the claimant was not homeless because there was accommodation available for her. Arden, Sullivan, Davis LJJ [2013] EWCA Civ 1579 Bailii Housing Act 1996 202 England and Wales Housing Updated: 27 November 2021; Ref: scu.518986
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was not democratically accountable. Held: Reviews could be contracted out. The court could ‘not see that … Continue reading Heald and Others v London Borough of Brent: CA 20 Aug 2009
The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful. Held: The company was a subsidiary of the Council, and the Teckal exception clearly applied because of the Council’s control: ‘the focus must be on the nature of the arrangements between the … Continue reading Tachie and Others v Welwyn Hatfield Borough Council: QBD 13 Dec 2013
The appellants refused the authority’s offer of accommodation under Part VI of the 1996 Act, saying it was not suitable. After the authority had informed them that if they did not accept the offer, the authority’s duty to house them would cease, requested a review under section 202(1)(b) of the authority’s decision that its duty … Continue reading Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999
‘This case concerns the proper interpretation of certain provisions of that [1993 Act] regime when after a claim to collective enfranchisement has been made and registered, the freeholder grants a 999 year lease of a part of the premises. In a thorough and thoughtful judgment in the Central London County Court, HH Judge Marshall QC … Continue reading Cadogan v Panagopoulos and Another: ChD 15 Mar 2010
Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party. Held: The agreements were upheld, and were not shams even though they had been intended to work around the 1987 … Continue reading Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995
The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers. Citations: Times 24-Jun-1997, [1997] EWCA Civ 1752, (1998) 10 Admin LR 185, (1998) 30 HLR 295, (1998) 76 P and CR 293 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Citing: Cited … Continue reading Payne and Woodland v Mayor and Burgesses of London Borough of Barnet: CA 22 May 1997
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995
The parties, an unmarried cohabiting couple, disputed their respective shares in a property held in the man’s sole name. Both had made direct contributions both to the purchase of a barn and to its expensive conversion into a home. The plaintiff appealed against a finding that she had only a 14.9% interest on a resulting … Continue reading Drake v Whipp: CA 30 Nov 1995
The mother had claimed in damages for the injuries to her health from the landlord authority’s failure to repair. Her child then brought a subsequent action in respect of his own injuries. The authority claimed the action should be stopped as res judicata. Held: The child’s injuries from bad housing were a separate claim from … Continue reading C (A Minor) v Hackney London Borough Council: CA 10 Nov 1995
One of the issues presented by the present case is that of determining whether Birmingham City Council, ‘the Council’, was exercising a public function when deciding to terminate what it described as its arrangements with First Real Estates (UK) Limited, ‘FRE’, for the provision of temporary accommodation for those whom the Council was obliged to … Continue reading First Real Estates (UK) Ltd v Birmingham City Council: Admn 1 May 2009
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
A group of employees had brought proceedings which appeared (though there was some ambiguity) to be intended as claims for redundancy payments. More than three months after the effective date of termination they sought to amend to plead alternative claims for unfair dismissal. Held: In hearing appeals from the EAT the first question the court … Continue reading British Newspaper Printing Corporation v Kelly: CA 1989
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent. Held: A notice which was invalid for the purposes for which it was sent might still fulfil some … Continue reading Drew-Morgan v Hamid-Zadeh: CA 13 May 1999
‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which … Continue reading Phillps and Others v Francis and Another: QBD 24 Mar 2010
Citations: [1999] EWCA Civ 1222 Statutes: Housing Act 1996 204(1) Jurisdiction: England and Wales Housing Updated: 06 December 2022; Ref: scu.146137
Each of the three applicamts having been found to have lied in order to obtain British Nationality, now appealed against a decision that they were not in fact Britsh citizens. Judges: Kitchin, Floyd, Sales LJJ Citations: [2015] EWCA Civ 1195, [2015] WLR(D) 482, [2016] 1 WLR 673 Links: Bailii, WLRD Statutes: Immigration Act 1971 1(2) … Continue reading Hysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department: CA 26 Nov 2015
The tenant sought accomodation. The council offered him some but he refused it. The council wrote to explain the effect of a refusal. He now complained that since he could not speak English, the Council had not correctly informed him of the consequences. Held: The section distinguished between the acts of informing and of notification. … Continue reading Ali v Birmingham City Council: CA 14 Oct 2009
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006
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 … Continue reading Manchester City Council v Cochrane and Cochrane: CA 21 Dec 1998
The issue in this judicial review is whether Islington London Borough Council were entitled to ignore the claimant’s adult children, who are subject to immigration control, when considering the allocation of accommodation under Part VI of the Housing Act 1996. In particular, the question arises as to whether Islington Council may conclude that the claimant’s … Continue reading Ariemuguvbe, Regina (on the Application of) v London Borough of Islington: Admn 24 Feb 2009
When a council is considering whether an applicant for housing is a homeless person, the applicant’s appreciation of the prospects of future housing can be treated as ‘awareness of a relevant fact’ for the purposes of the sub-section, provided that it is sufficiently specific and provided that it is based on some genuine investigation and … Continue reading Aw-Aden v Birmingham City Council: CA 7 Dec 2005
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 … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998
Citations: [2008] EWCA Civ 140, [2008] BLGR 628, [2008] ACD 193 Links: Bailii Statutes: Housing Act 1996 167 Jurisdiction: England and Wales Cited by: Appeal from – Ahmad, Regina (on the Application of) v London Borough of Newham HL 4-Mar-2009 The claimant wished to be rehoused by the defendant authority. He complained that their allocations … Continue reading Ahmad, Regina (on the Application Of) v London Borough of Newham: CA 29 Feb 2008
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
The claimants succeeded in their applications for asylum, and then applied for housing assistance. They now appealed refusal of such assistance. The issue was how the authority had treated their medical evidence in the review process. Mrs Shala was receiving treatment for depression. Held: The appeal succeeded. Housing authorities should be careful not to hide … Continue reading Shala and Another v Birmingham City Council: CA 27 Jun 2007
The applicant lived in a caravan. It disappeared without trace, and he claimed emergency housing under the section. Was housing required as a result of an emergency flood fire or disaster? Held: There was in fact no explanation available for the loss, and it was not proper to require the applicant to provide one. Nevertheless, … Continue reading Higgs v Brighton and Hove City Council: CA 30 Jun 2003
The claimant said the authority had not discharged its duty to him in considering his application for housing. It had written to him saying ‘this is your one and final offer’, and that the council was satisfied that the accommodation was suitable for the needs of Mr Omar and his family and that it would … Continue reading Omar v Birmingham City Council: CA 7 Jun 2007
Appeal against dismissal of challenge to finding that intentionally homeless. Judges: Lightman J Citations: [2007] EWCA Civ 604 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 23 November 2022; Ref: scu.253705
The applicant sought housing as a homeless person with her children. The authority found her in priority need, but intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had moved into premises which she found she could not afford and lost. She said … Continue reading F v Birmingham City Council: CA 2 Nov 2006
Citations: [2003] EWCA Civ 779, [2003] HLR 65 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Planning Updated: 23 November 2022; Ref: scu.183383
If accommodation is not reasonable for a person to occupy, it is not suitable for him. Arden LJ said: ‘homelessness is a large social problem directly and substantially affecting the lives of many people in the UK, and those who depend on them, including young children. The causes are no doubt manifold: they include not … Continue reading Birmingham City Council v Aweys and others: CA 7 Feb 2008
The defendant tenant had been delayed for over five years by the claimant in buying his council house. He stopped paying rent in protest, and the council brought possession proceedings. He then paid his rent and continued in his counterclaim to require the lease. The parties differed as to whether a parking right was included. … Continue reading London Borough of Southwark v Dennett: CA 7 Nov 2007
Judges: Dame Elizabeth Butler Sloss P Citations: [2001] EWCA Civ 905, [2002] HLR 54 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 19 November 2022; Ref: scu.200991
There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer complained of could be severed from the employer’s conduct leading to the dismissal, … Continue reading Eastwood v Magnox Electric plc: CA 2002
Judges: Lewis J Citations: [2017] EWHC 33 (QB) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 19 November 2022; Ref: scu.573384
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
When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been conflicting interpretations of the statutory provisions. S197 could not be construed on … Continue reading British Broadcasting Corporation v Kelly-Phillips: CA 24 Apr 1998
The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006
Citations: [2004] EWCA Civ 1769 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 14 November 2022; Ref: scu.220654
UTIAC 1. Azerbaijan is a country with high levels of corruption and there is clear evidence that political dissent is not tolerated.2. There is nothing to indicate that the State would in any way penalise unmarried mothers (approximately 10% of mothers) or those who have mixed race children. There are in place some support mechanisms … Continue reading SL (Unmarried Mother With Mixed Race Child) Azerbaijan CG: UTIAC 15 Feb 2013
The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright. Held: He did not. No such argument could be shown to have suceeded before. Judges: Newey J Citations: [2013] WLR(D) 42, [2013] EWHC 159 (Ch) Links: Bailii, WLRD Statutes: Copyright, Designs and Patents Act 1988 … Continue reading Twentieth Century Fox Film Corp and Others v Harris and Others: ChD 5 Feb 2013
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
Judges: Arden LJ Citations: [2007] EWCA Civ 843, [2008] HLR 6 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Cited by: Cited – Ravichandran and Another v London Borough of Lewisham CA 2-Jul-2010 The claimant appealed against an order confirming a review of the decision that the local authority owed no futher … Continue reading Ahmed v Leicester City Council: CA 27 Jun 2007
Appeal against summary judgment given in action to enforce arbitration award. Citations: [2007] EWCA Civ 316 Links: Bailii Statutes: Housing Grants Construction and Regeneration Act 1996 Jurisdiction: England and Wales Construction Updated: 10 November 2022; Ref: scu.251381
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 court was asked whether an EU migrant worker was entitled to the protection of the homelessness provisions of the 1996 Act: ‘he is if he is a migrant worker from another EU country, exercising his EU rights as an Austrian citizen to work in another country. Otherwise he is not.’ Held: His appeal from … Continue reading Samin v City of Westminster: CA 21 Nov 2012
The Authority had established a scheme under section 167 for the allocation of its housing accomodation. Judges: Hughes J Citations: [2006] EWHC 1041 (Admin) Links: Bailii Statutes: Housing Act 1996 167 Jurisdiction: England and Wales Cited by: Appeal from – Lin, (Regina on the Application of) v London Borough of Barnet CA 22-Feb-2007 The claimant … Continue reading Lin, Hassan v Barnet London Borough Council: Admn 11 May 2006
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private … Continue reading Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 1997
The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of … Continue reading King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997
Application to enforce arbitration award. Judges: Waller LJ, Dyson LJ Citations: [2007] EWCA Civ 527 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996, Construction Contracts (England and Wales) Regulations 1998 Jurisdiction: England and Wales Construction Updated: 06 November 2022; Ref: scu.253258
