Application for leave to appeal against possession order. Whether tenancy was secure. Judges: Lloyd LJ Citations: [2006] EWCA Civ 1054 Links: Bailii Statutes: Housing Act 1985 79 Jurisdiction: England and Wales Housing Updated: 07 July 2022; Ref: scu.244478
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority appealed. Held: The agreement had created a new tenancy even after a final possession … Continue reading Burrows v Brent London Borough Council: HL 31 Oct 1996
Judges: Mummery LJ, Rix LJ, Peter Smith J Citations: [2006] EWCA Civ 815, [2006] 1 WLR 2641 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Cited by: Appeal from – Birmingham City Council v Walker HL 16-May-2007 The tenant was the son of the former tenant. The tenancy had originally been in the … Continue reading Walker v Birmingham City Council: CA 22 Jun 2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was such an enforcement. Held: Where the terms of suspension were expressed so as to indicate that … Continue reading Harlow District Council v Hall: CA 28 Feb 2006
The borough obtained a possession order of the secure tenancy of a flat occupied by their tenant for nuisance. It was suspended on terms for a certain period. They alleged further breaches shortly before the expiry of the possession order and they asked the period to be extended. The tenant did not appear at the … Continue reading Richmond v Kensington and Chelsea: CA 15 Feb 2006
Application for permission to make a second appeal. Whether defendant tenant was a secure tenant. Judges: Hale LJ Citations: [2001] EWCA Civ 852 Links: Bailii Statutes: Housing Act 1985 Sch 1 2(1) Jurisdiction: England and Wales Housing Updated: 04 July 2022; Ref: scu.218157
Application for permission to appeal against refusal of second application for permission to apply for judicial review. Held: It was not sustainable to suggest that the section was incompatible with the cliamant’s human rights. Leave to appeal was refused. Citations: [2002] EWCA Civ 1894 Links: Bailii Statutes: Housing Act 1985 93(2) Jurisdiction: England and Wales … Continue reading Nadine Delson v London Borough of Lambeth: CA 19 Nov 2002
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
The tenant had gone out of possession, moving permanently back to Nigeria and at the same time writing to the landlord to say that he and his family had moved and had agreed that the defendant (a cousin who had lived with him prior to his return to Nigeria) should take over the tenancy. Held: … Continue reading London Borough of Tower Hamlets v Ayinde: CA 1994
Appeal by local authority against refusal of order for possession of property subject to a secure tenancy. Citations: [2005] EWCA Civ 639 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 30 June 2022; Ref: scu.226150
LT COMPENSATION – compulsory purchase – abandoned house in dilapidated condition – untraceable owner – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at andpound;60,000 Citations: [2005] EWLands ACQ – 96 – 2002 Links: Bailii Statutes: Housing Act 1985 17, Land Compensation Act 1961 Land Updated: … Continue reading Garrod v London Borough of Newham: LT 20 Apr 2005
LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed Citations: [2004] EWLands LRX … Continue reading Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004
The landlord had obtained a possession order, but the tenant continued in occupation as a tolerated trespasser, claiming entitlement as successors in title. Rent arrears had accrued, but even if the tenant had paid thenm the council would have sought possession. Held: The use of the word ‘rent’ in a letter from Newham was insufficient … Continue reading London Borough of Newham v Hawkins and others: CA 22 Apr 2005
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
Neuberger LJ said: ‘ I turn to the text of the letter of 25 January 2002. It referred to the Council ‘making a reasonable and suitable offer of permanent accommodation’, but it made no reference to the opinion that it was or would be reasonable for the respondent to accept the accommodation On a fair … Continue reading Tower Hamlets v Begum (Rikha): CA 23 Mar 2005
The claimant landlord sought possession after long years of non-payment of rent. The secure tenant said that the landlord had entirely failed in its repairing obligations, and that the sums of rent had been expended on those repairs. Judges: Thorpe LJ Citations: [2001] EWCA Civ 295 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and … Continue reading London Fire and Civil Defence Authority v Ahktar: CA 14 Feb 2001
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution. Held: ‘section 7(1) extends the powers of a housing authority beyond those in section 23(1), or at least avoids any unclarity … Continue reading Akumah v London Borough of Hackney: CA 17 Apr 2002
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations. Held: The general words of section 89 do not … Continue reading Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003
A company owned subsidiary companies in the printing industry at Maidstone, Basildon and St Albans. Three employees worked for the group. The Maidstone business was transferred in a transfer to which the 1981 Regulations applied. The three employees who worked for the group were not on the list of those employees who were to be … Continue reading Duncan Webb Offset (Maidstone) Ltd v Cooper and Another: EAT 15 Jun 1995
A homeless person given a licence to occupy temporarily a house themselves leased by the Local Authority in order to provide temporary accommodation for the homeless, had not been given a tenancy of that property. The section covered situations where the local authority had less than a full freehold interest. Citations: Gazette 29-Jan-1992 Statutes: Housing … Continue reading Tower Hamlets London Borough Council v Miah: CA 29 Jan 1992
Priority housing need applicant must show some partial dependency of children. Citations: Times 03-Oct-1996 Statutes: Housing Act 1985 58(1)(b) Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88295
An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant. Citations: Gazette 01-Nov-1995, Times 20-Oct-1995, Independent 11-Oct-1995 Statutes: Housing Act 1985 65 Jurisdiction: England and Wales Citing: Appealed to – Regina … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia: QBD 11 Oct 1995
Loss of a house from ignorance of benefit rules was not deliberate homelessness. Citations: Times 16-Jul-1996, (1996) 29 HLR 389 Statutes: Housing Act 1985 60(3) Jurisdiction: England and Wales Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The authority found her … Continue reading Regina v Westminster City Council Ex Parte Obeid: QBD 16 Jul 1996
Local Authority not obliged to place all applicants on housing waiting list – old rent arrears. Citations: Times 11-Jun-1996 Statutes: Housing Act 1985 22 Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88339
The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead … Continue reading Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997
The tenant counterclaimed an action by the landlord for rent saying the property had not been repaired under the landlord’s covenant. The water supply had for 33 months been weak, leading to only a trickle of water being available, and there had been a failure to the lighting in the common parts. Only the water … Continue reading Niazi Services Ltd v Johannes Marinus Henricus Van Der Loo: CA 10 Feb 2004
Birmingham Council had granted H and W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the home. W applied to the council, and it provided her … Continue reading Bradney, Birmingham City Council v Birmingham City Council, McCann: CA 9 Dec 2003
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she … Continue reading K v London Borough of Lambeth: CA 31 Jul 2003
The defendant sought declaratory relief in relation to the ‘one succession rule’ set out in sections 87-88 of the Housing Act 1985. Judges: Justice Murray Citations: [2018] EWHC 2733 (QB) Links: Bailii Jurisdiction: England and Wales Housing Updated: 07 June 2022; Ref: scu.628222
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land … Continue reading Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003
The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003
The employer and main contractor had contracted under the JCT conditions. The employer had been obliged to insure the property for fire in their joint names, but had not done so. After a fire caused by the negligence of a sub-contractor, he sued. Held: The judge should have concluded that the effect of the contract … Continue reading Scottish and Newcastle plc v GD Construction (St Albans) Ltd: CA 22 Jan 2003
The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order requiring the sale. Held: The 1985 Act made no reference to … Continue reading Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne: HL 14 Nov 2002
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession. Held: Parliament had given wide discretion to the courts to find a balance between the need for local authorities to recover possession where their tenants were in breach, and the … Continue reading Dunn v Bradford Metropolitan District Council etc: CA 31 Jul 2002
The secure tenants had claimed to exercise their right to buy; the local authority admitted their right and proposed a price which was accepted. The authority offered a partial mortgage which was accepted and by reference to which they had exercised their statutory right to elect deferred completion. The authority then notified them of its … Continue reading Dance v Welwyn Hatfield Distrrict Council: CA 1990
A refugee from Bosnia moved from Kirklees to London, where she applied for accomodation as being homeless. Hammersmith accepted that she was owed a duty, but referred her back to Kirklees in September. Her solicitors then sent in more material which the LHA considered before, in January, refusing her again. The reconsideration of the case … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: CA 2 Jan 1996
When a local authority was considering the fitness of a proposed licensee for the purposes of managing a house in multiple occupation, it was not under an obligation first to consider whether conditions proposed by the manager, would adequately meet any objections. The clause which allowed the court to attach conditions was free standing and … Continue reading Reynolds v Brent London Borough Council: CA 4 Dec 2001
The buyers agreed to purchase a property at auction, but having failed to complete they were served with a notice to complete. They challenged that notice saying there was an outstanding writ for possession against the property, and that ministerial consent had not been obtained for the sale. It was held that the claim for … Continue reading London Borough of Lambeth v Vincent and Others: ChD 16 Mar 2000
The tenant served his notice under section 122 in 1999. The authority did not admit the claim as required by section 124 within four weeks, but tried ultimately by sending a letter which the tenant never received, to resolve its doubts as to whether the claim was being genuinely made by him rather than by … Continue reading Hanoman v Southwark London Borough Council: ChD 22 Jun 2004
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes. Held: The appeal succeeded, and the defendant was 80% liable for the injury. Where … Continue reading Sykes v Harry and Trustee of Estate of Harry, a Bankrupt: CA 1 Feb 2001
Appeal against order finding a breach of the covenant for quiet enjoyment given by it as landlord. Judges: Beldam, Otton, Judge LJJ Citations: [2000] EWCA Civ 65 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 31 May 2022; Ref: scu.147098
A local authority refused the applicants application for emergency housing as a homeless person. On the review of that decision the authority concluded that she did have priority need, but then decided that the application should be refused because it found she was intentionally homeless. The decision was a public law decision, but this did … Continue reading Crawley Borough Council v Bliss: CA 22 Feb 2000
A house had ten bedrooms. One was retained by the owner for use some two months a year, the other nine were let to people in their twenties who had just completed their further education and were embarking on careers in the professions or banking and who on average stayed for two years. Held: The … Continue reading Guy Rogers v London Borough of Islington: CA 30 Jul 1999
LANDLORD AND TENANT – service charges – right to buy c 5 year limitation on service charges – ‘straddling’ these charges – Housing Act 1985, ss 125 and 125A, Sch 6 para 16B – appeal dismissed Citations: [2012] UKUT 295 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 May 2022; Ref: … Continue reading London Borough of Havering v Smith: UTLC 21 Aug 2012
The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon the basis of, the second notice the tenants took proceedings in the county … Continue reading Copping v Surrey County Council: QBD 2005
Citations: [1998] EWHC Admin 1091 Links: Bailii Statutes: Housing Act 1985 189 190 Housing Updated: 27 May 2022; Ref: scu.139213
Citations: [1998] EWHC Admin 208 Links: Bailii Statutes: Housing Act 1985 Housing Updated: 27 May 2022; Ref: scu.138329
Citations: [1998] EWHC Admin 183 Links: Bailii Statutes: Housing Act 1985 95 Housing Updated: 27 May 2022; Ref: scu.138304
Citations: HC Admin 24 Links: Bailii Statutes: Housing Act 1985 Part III Housing Updated: 27 May 2022; Ref: scu.138145
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012
UTLC LANDLORD AND TENANT – service charges – whether landlord’s source of funding relevant to leaseholders’ liabilities – whether ‘blanket policy’ against discretionary relief relevant to whether service charge payable – whether replacement windows were repairs or improvements – appeal dismissed – sections 19, 20A and 27A Landlord and Tenant Act 1985 – section 219 … Continue reading Craighead v Homes for Islington Ltd and Another: UTLC 24 Feb 2010
Citations: [1997] EWHC Admin 236 Links: Bailii Statutes: Housing Act 1985 {art III Housing Updated: 25 May 2022; Ref: scu.137181
There was no possibility of a joint succession to a statutory tenancy even though the form was countersigned by the local authority. Citations: Times 12-Nov-1997, Gazette 26-Nov-1997 Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 25 May 2022; Ref: scu.84274
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make … Continue reading Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999
A change in housing law is not retrospective so as to allow a local authority to re-assess an asylum seeker as not being in need of emergency housing. Once the decision had been made, it was improper to re-open it and give notice to existing tenants. Citations: Gazette 12-Nov-1997, Times 17-Nov-1997 Statutes: Housing Act 1985 … Continue reading Regina v Hackney London Borough Council Ex Parte K: CA 12 Nov 1997
A child had been adopted in fact and lived with the tenant for many years, but had not been formally adopted under the Act claimed to inherit the tenancy on his death. Held: He was to be considered to be a member of the former tenant’s family living with him at his death within the … Continue reading Brock v Wollams: CA 1949
Citations: [1997] EWHC Admin 82 Links: Bailii Statutes: Housing Act 1985 Housing Updated: 25 May 2022; Ref: scu.137027
The claimants had purchased the first tenant’s council property under the right to buy scheme. The council had failed to disclose facts about its condition which rendered it valueless, but now appealed against the award of damages for misrepresentation. It had failed to disclose the fact and significance of the use of High Alumina Cement … Continue reading Mary Rushton, Michael Rushton v Worcester City Council: CA 16 Mar 2001
One tenant left the other in a flat subject to a protected secure tenancy. The legislation prohibited assignment of such tenancies. In order to support an application by the remaining tenant the departing tenant executed a deed purporting to release her interest in the tenancy. Held: Arcane notions of the ownership of the entire property … Continue reading Burton v London Borough of Camden: HL 27 Jan 2000
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation. Held: The contention that a lack of adequate sound insulation can cause premises to be in such … Continue reading Vella v London Borough of Lambeth: Admn 14 Nov 2005
Housing – Right To Buy – whether appeal property particularly suitable for occupation by elderly persons – Para.11, Sched.5, Housing Act 1985 – appeal allowed Citations: [2018] UKUT 207 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 20 May 2022; Ref: scu.620102
Held. A tenant who continued to stay in property after a possession order was granted, but who paid a sum equivalent to rent as it fell due, and something off the arrears, did not necessarily thereby become a tenant again, but could be viewed as a tolerated trespasser. That status might be compromised as against … Continue reading William Watson Stirling v Leadenhall Residential 2 Ltd: CA 29 Jun 2001
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority objected, and an inquiry was held. The inspector … Continue reading O’Byrne v Secretary of State for Environment, Transport and Regions and Another: CA 17 Apr 2001
The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided with accommodation in accordance with section 65(2) of the 1985 Act was … Continue reading Regina v Brent London Borough Council Ex Parte Awua: HL 6 Jul 1995
A house had been unused since 1960, and was bought in 1990. It had become delapidated and the applicant wished to rebuild. The applicant was entitled to permission only if he could show the original residential use had not been lost. Held: The residential use had been abandoned. The test was an objective one, looking … Continue reading Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000
Failure to execute works is a continuing breach as long as undone and after the notice period. Citations: Times 11-Jul-1996 Statutes: Housing Act 1985 376(1) Housing Updated: 19 May 2022; Ref: scu.78853
A Local Authority has no duty of care for the correctness of a valuation undertaken for a right to buy transaction. It was not just or reasonable to impose a duty of care on a local authority in connection with its statement of its opinion as to price in a Section 125 Notice. Judges: Douglas … Continue reading Blake and Another v Barking and Dagenham London Borough Council: QBD 1 Nov 1996
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order described as ‘the current rent’. The wife defaulted on the terms … Continue reading Thompson v Elmbridge Borough Council: CA 1987
The applicant for housing was said to have suffered ‘a major and irreversible handicap’ as a result of a childhood injury but who also was in the habit of drinking six or seven pints of beer a day. Held: The court accepted the submission ‘that the effect of that gloss upon the section is in … Continue reading ex parte Carroll: 1988
The applicant was the respondent’s secure tenant. The respondent decided to change its tenancy agreement, by including a list of items of repair for which it would be responsible and a procedure by which it could vary the terms of the agreement. In a further clause the respondent agreed that no variation might be made … Continue reading Regina v London Borough of Brent, ex parte Blatt: QBD 1991
No homelessness priority could be established by means of having a child applying for housing, rather than his or her parent. An application by a person suffering mental disability who would also be dependent upon others was also rejected. In each case the true application was by the parent or carer. The Act is concerned … Continue reading Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993
Homelessness enquiry must extend to all appropriate departments within authority. Citations: Times 30-Apr-1996 Statutes: Housing Act 1985 62 Jurisdiction: England and Wales Housing Updated: 15 May 2022; Ref: scu.86280
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
It may be unreasonable to impose a possession order against a person in respect of a failing over which they have no control.Simon Brown LJ said, having reviewed the existing authorities: ‘Those authorities clearly hold that no personal fault on the tenant’s part is required to bring a case within ground 2, although this consideration … Continue reading Portsmouth City Council v Bryant: CA 2000
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
Property was purchased in joint names, but with no express declaration of the beneficial interests. The couple had lived together for a short time as joint tenants of the local authority. They were able to purchase at a substantial discount from the estimated market value because Miss S had been a tenant of the local … Continue reading Springette v Defoe: CA 1 Mar 1992
The nature of the family assets may be taken into account when considering how they are to be divided in ancillary relief proceedings on divorce, where these are businesses which will be crippled or lose much of their value, if disposed of prematurely in order to fund an equal division. Coleridge J said: ‘In the … Continue reading N v N (Financial Provision: Sale of Company): FD 2001
The parties lived together in a property transferred to the woman after her divorce. That house was sold and the defendant contributed the capital. There was a joint mortgage, but the plaintiff alone had an income from which to make payments. The plaintiff later contributed the cost of an extension. Held: The property had been … Continue reading Huntingford v Hobbs: CA 1 Mar 1992
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on protected tenants of decisions which would lead to rent increases. Citations: Times 15-Feb-2000 … Continue reading Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales: CA 20 Jan 2000
A local authority landlord had obtained a possession order against the tenant, for arrears of rent, but allowed the tenant to continue in possession, and eventually agreed to the order for possession being revoked. At that time the tenant became a statutory tenant, and was deemed to have been so for the intervening period. The … Continue reading Rogers v Lambeth London Borough Council: CA 10 Nov 1999
The homeless status of the applicant is to be established and tested as the statutory investigation is completed, not just at the time the application is made. Citations: Times 17-Mar-1997 Statutes: Housing Act 1985 Part III Jurisdiction: England and Wales Housing Updated: 11 May 2022; Ref: scu.88096
Tenants under long leases sought to recover service charges which had been paid over many years, but which they had come to consider unreasonable. The landlords resisted the claim for repayment saying the Tribunal had no power to make an order when the charges had been paid. The tribunal also said that a limitation period … Continue reading Regina v London Leasehold Valuation Tribunal Ex Parte Daejan Properties Ltd: QBD 20 Oct 2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as to allow further building. He had obtained planning permission for the proposed development. When … Continue reading Regina v Braintree District Council, ex parte Malcolm William Halls: CA 1 Mar 2000
Where a housing authority had considered and dealt with the rehousing of a substantial family, a renewed application by an adult daughter could be refused. The refusal to accept accommodation by the mother was effective as an offer for the entire household, which included in this instance the applicant. The offer and effect of its … Continue reading Regina v Camden London Borough Council, Ex Parte Hersi: CA 11 Oct 2000
The council had issued notices requiring renovation works. The property owner applied for grants to cover such works, but the application was refused on the basis that no estimate accompanied the application. It was held that the grants were intended to be mandatory. The council had discretion to accept applications without this information, and in … Continue reading Regina v Greenwich London Borough Council, Ex Parte Glen International Ltd and Another: CA 29 Mar 2000
The system of acquiring a statutory tenancy by succession creates statutory rights which need not be limited by normal and other considerations. A minor is capable in law of acquiring such despite not being of legal age to be a tenant though equitable. Citations: Times 07-Dec-1998, Gazette 13-Jan-1999 Statutes: Housing Act 1985 87 Jurisdiction: England … Continue reading Kingston Upon Thames Borough Council v Prince and An: CA 7 Dec 1998
A right of appeal against a Housing authority’s decision lay only against the original decision itself after a review, and the notice of appeal was to be given with 21 days of the original review. A council in its discretion can decide to reconsider or review a review decision formerly given under s.202(1). This was … Continue reading Demetri v Westminster City Council: CA 12 Nov 1999
The County Court had no power to grant an interim injunction without statutory provision. No power existed either to order the Local Authority to provide accommodation to a homelessness applicant pending a decision on the review. Held: Parliament appropriately vested a discretion in the local authority to decide whether or not to house an applicant … Continue reading Ali v Westminster City Council; Nairne v Camden London Borough Council: CA 24 Jul 1998
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
CONSTRUCTION – DIY Refund – Cottage used as dwelling up to 2000 – Later declared unfit under Housing Act 1985 and deleted from council tax register – Conversion and extension by purchasers – Whether `non-residential’ before conversion – No – VATA 1994 s.35, Sch 8 Grp 5 Notes (7A) and (18) – Appeal dismissed Citations: … Continue reading Johnson and Another v Revenue and Customs: VDT 14 Dec 2007
The court was concerned with the ‘secure’ tenancy regime and the proper approach to the 1985 Act. The court took a ‘purposive approach’ in considering whether to allow the making of an amendment to a conditional possession order on the basis of new facts relating to the illegal activities of the tenant. The alternative would … Continue reading Manchester City Council v Finn: CA 2002
