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 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 appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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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
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
Challenge o refusal to provide temporary housing Judges: James Strachan QC (sitting as a Deputy Judge of the High Court) Citations: [2020] EWHC 1478 (Admin) Links: Bailii Statutes: Housing Act 1996 188(1) Jurisdiction: England and Wales Housing Updated: 09 December 2022; Ref: scu.651884
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: [2007] EWHC 2554 (Admin) Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 06 December 2022; Ref: scu.260295
Citations: [1999] EWCA Civ 1222 Statutes: Housing Act 1996 204(1) Jurisdiction: England and Wales Housing Updated: 06 December 2022; Ref: scu.146137
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
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
Applications for accommodation under homelessness provisions Judges: Mrs Justice Steyn Citations: [2021] EWHC 1024 (Admin) Links: Bailii Statutes: Housing Act 1996 193(2) Jurisdiction: England and Wales Housing Updated: 01 December 2022; Ref: scu.662320
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 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
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
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
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
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
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
Judges: The Hon. Mrs Justice Tipples Citations: [2020] EWHC 735 (QB) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 17 November 2022; Ref: scu.649910
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
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
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
Claim brought by the Claimant seeking a mandatory order compelling the Defendant to approve the Claimant’s application for a disabled facilities grant under the Housing Grants, Construction and Regeneration Act 1996 (‘the Act’) and a mandatory order compelling the Defendant to commission expeditiously the works approved pursuant to the grant. Judges: Hugh Mercer QC sitting … Continue reading McKeown, Regina (on The Application of) v London Borough of Islington: Admn 2 Apr 2020
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
This appeal concerns the scope of the jurisdiction of the county court when hearing a statutory appeal from a decision under s. 204 of the Housing Act 1996, and the lawfulness in this case of a contracted-out review decision under s. 202 of that Act. Judges: Lord Justice Peter Jackson Citations: [2020] EWCA Civ 489 … Continue reading James v Hertsmere Borough Council: CA 2 Apr 2020
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
The applicant and her husband surrendered their tenancy of a house in Camden and moved to Colombia, where they obtained accommodation. On arrival in Colombia, the applicant was deserted by her husband. With no prospect of employment in Colombia, and no entitlement to social security benefits, she returned to Camden and applied for housing. Camden … Continue reading Regina v London Borough of Camden ex parte Aranda: CA 21 Mar 1997
The applicant had been found to have deliberately procured her own eviction from her tenanted accommodation in Harrow. She was given temporary accommodation in a guest house, where she stayed for over a year. Her housing benefit was then reduced by half, on the basis that her rent was too high. The landlord then told … Continue reading Regina v London Borough of Harrow ex parte Fahia: CA 7 Mar 1997
Application for judicial review in which the claimant alleged that the defendant housing authority is in breach of its duty, under section 193(2) Housing Act 1996 (‘the 1996 Act’), to secure that suitable accommodation is available for him to occupy. Citations: [2020] EWHC 327 (Admin), [2020] WLR(D) 101 Links: Bailii, WLRD Jurisdiction: England and Wales … Continue reading M, Regina (on The Application of) v London Borough of Newham: Admn 19 Feb 2020
The claimant challenged the defendant’s finding that she had become homeless by giving up accommodation in 2000 which it would have been reasonable for her to continue to occupy, and remained so homeless ever since. Permission was given for a second, appeal to raise important and undecided issues about the correct test for determining whether … Continue reading Steward v Royal Borough of Kingston-Upon-Thames: CA 22 May 2007
The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, … Continue reading Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003
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
The applicant sought leave to appeal against a decision confirming a noise abatement notice under the Act. He kept dogs, and neighbours had complained of the noise. He complained that the notice neither specified the nuisance complained of, nor stated what works were required to be undertaken to cure it. Held: There were competing decisions, … Continue reading Budd v Colchester Borough Council: CA 30 Jan 1997
An adjudication of a building dispute under the Insolvency Act, was ‘other proceedings’ within the Act, and therefore before such steps were taken against a company in administration, the applicant had first to obtain leave from the court. Citations: Times 29-Jun-1999 Statutes: Housing Grants Construction and Regeneration Act 1996, Insolvency Act 1986 11(3) Jurisdiction: England … Continue reading A Straume (UK) Ltd v Bradlor Developments Ltd: ChD 29 Jun 1999
The claimant had applied for housing under homelessness provisions saying that he was in priority need and was not homeless intentionally. The first decision had been that he was intentionally homeless and not in priority need. After review, it was agreed that he was not intentionally homeless. The applicant said that this should now entitle … Continue reading Mitu v London Borough of Camden: CA 1 Nov 2011
Judges: Arden LJ, Dyson LJ, Maurice Kay LJ Citations: [2007] EWCA Civ 665 Links: Bailii Statutes: Housing Act 1996 153A Jurisdiction: England and Wales Housing Updated: 04 November 2022; Ref: scu.254529
The claimant appealed against rejection of her claim for housing assistance, the decision being based on her being subject to immigration control. Judges: Lord Neuberger MR, Longmore, Gross LJJ Citations: [2012] EWCA Civ 982, [2013] PTSR 13 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing, Immigration Updated: 03 November 2022; Ref: scu.463075
Citations: [2006] EWCA Civ 1672 Links: Bailii Statutes: Housing Act 1996 190(1) Jurisdiction: England and Wales Housing Updated: 31 October 2022; Ref: scu.246964
Citations: [2003] EWCA Civ 1256, [2004] 1 WLR 349 Links: Bailii Statutes: Housing Act 1996 152 Jurisdiction: England and Wales Housing, Local Government Updated: 31 October 2022; Ref: scu.186688
Citations: [2020] EWCA Civ 331 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 Jurisdiction: England and Wales Construction Updated: 31 October 2022; Ref: scu.648606
Citations: [2006] EWCA Civ 1737, [2007] BLR 67, [2007] BusLR D1, 114 Con LR 81 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 108(1) Jurisdiction: England and Wales Construction, Arbitration Updated: 31 October 2022; Ref: scu.247486
The claimant sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded. Held: There is no absolute bar against a claim for damages not covered by the Employment … Continue reading McCabe v Cornwall County Council, The Governing Body of Mounts Bay School: CA 23 Dec 2002
The claimant sought judicial review of decisions made as to his entitlement to housing for homelessness. It had referred him to a private lettings agency, and under its policy ceased to enquire further as to his homelessness. The claimant said that the council was in effect seeking to evade its responsibilities. Judges: Stadlen J Citations: … Continue reading RAW, Regina (on The Application of) v London Borough of Lambeth: Admn 12 Mar 2010
The applicant had sought housing as a vulnerable person whilst under 18. The council responded by referring the matter to mediation, and postoning the review for a month which then they said allowed them to treat the applicant as not being in priority need, having then attained eighteen. Held: The council had failed to meet … Continue reading Robinson v Hammersmith and Fulham: CA 28 Jul 2006
The existence of a planning permission did not excuse the causing of a nuisance by the erection of a pighouse. The permission was not a statutory authority, and particularly so where it was possible it had been procured by the supply of inaccurate and incomplete information. The court considered the function of a gate: ‘The … Continue reading Wheeler and Another v JJ Saunders Ltd and Others: CA 19 Dec 1994
The starting point for assessing the period of time over which a court should order the repayment of arrears under a mortgage, when considering the need for a possession order, is the remaining balance of mortgage term. Judges: Evans, Waite LJJ, Sir John May Citations: Gazette 17-Jan-1996, Independent 14-Dec-1995, Times 08-Dec-1995, [1995] EWCA Civ 11, … Continue reading Cheltenham and Gloucester Building Society Plc v Norgan: CA 5 Dec 1995
The applicant was a twenty four year old woman with a history of drug addiction and alcoholism. There was in fact suitable hostel accommodation available which had been offered to the applicant at the relevant time and it was hard to see why she needed the remedy of judicial review. She sought leave to appeal … Continue reading Ortiz v City of Westminster: CA 1994
A shorthold tenancy notice was issued before the tenancy began, but it gave the wrong date for termination. Held: The prescribed form required the correct termination date. A notice with a wrong date is not substantially the same as one with a correct date. The tenancy was therefore not an assured shorthold tenancy, and the … Continue reading Panayi and Pyrkos v Roberts: CA 1993
Judges: Lady Justice Asplin Lord Justice Males And Lady Justice Elisabeth Laing Citations: [2022] EWCA Civ 1340 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.681872
Citations: [2004] EWHC 1901 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing, Immigration Updated: 25 October 2022; Ref: scu.199830
This appeal raises two related points of law. First, where an applicant who is dissatisfied with a decision made pursuant to s. 184 of the Housing Act 1996 requests a review of that decision pursuant to s. 202 of the Act, what is the legal status of the requested decision if the authority issues and … Continue reading Ngnoguem v Milton Keynes Council: CA 19 Mar 2021
Claim for Judicial Review of the alleged failures of the Defendant Council (‘the Council’) to perform its statutory duties pursuant to section 190 of the Housing Act 1996. Judges: Mr Timothy Corner QC (Sitting as a Deputy Judge of the High Court) Citations: [2010] EWHC 88 (Admin), [2010] PTSR 1859 Links: Bailii Statutes: Housing Act … Continue reading Savage v London Borough of Hillingdon: Admn 28 Jan 2010
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
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 claimant challenged the authority’s housing policy which sought to implement national guidelines awarding points to housing applicants and allocating housing accordingly. He said it did not give adequate protection to the homeless. Held: The scheme did give some preference to homeless people, and the form of implementation of the national policy was within a … Continue reading Lin, (Regina on the Application of) v London Borough of Barnet: CA 22 Feb 2007
Citations: [2006] EWCA Civ 1793 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 19 October 2022; Ref: scu.249086
