A failure by a landlord under the pre-1996 assured shorthold tenancy regime, to insert the correct tenancy dates in a shorthold notice, meant that the tenancy became an assured tenancy, since the arrangement failed to meet the requirements to create a shorthold tenancy. The divisional court had decided that the landlord’s possession action had failed, … Continue reading Clickex Ltd v McCann: CA 26 May 1999
What makes a road a Road? The Court was asked whether a Road was a ‘road’ for the purposes of the 1984 Act’ Held: It has often been said that the public access mentioned in the definition of ‘road’ must be both actual access and legal or lawful access. However, simple reference to a requirement … Continue reading Bowen and Others v Isle of Wight Council: ChD 3 Dec 2021
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions. Held: The legislature had ‘conspicuously refrained’ from updating the statutory rent limit and it was therefore not for the … Continue reading McNerny v London Borough of Lambeth: CA 1988
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999
A 15-year old (Deacon or Deakin) who drove a motor car on a Council housing estate was charged with offences of driving a vehicle on a road A road in a housing estate, used only by those who resided in the estate or the visitors, and not by the public generally was held not to … Continue reading Deacon v AT (a minor): QBD 1976
Appeal against refusal to set aside possession order made under assured shorthold tenancy. No rent was paid on three rent days, but then the Housing benefit begand clearing arrears in part. Held: It is settled law that the notice requiring possession need not follow exactly the words of the section. Hallett, Davis, Floyd LJJ [2014] … Continue reading Masih, Regina (on The Application of) v Yousaf: CA 6 Feb 2014
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary. Held: Fair consultation will involve consultation while consultations are at a formative stage; adequate information on which to respond; adequate time in which to respond and conscientious consideration by an … Continue reading Regina v British Coal Corporation, Ex Parte Price and Others: QBD 28 May 1993
The court considered the power of courts to allow substitution of a new party after the expiration of the limitation period. Sir Terence Etherton Ch, Hallett VP, Sharp LJJ [2013] EWCA Civ 1555 Bailii European Communities (Rights against Insurers) Regulations 2002, Road Traffic Act 1988 151 England and Wales Citing: Cited – Regina v Liverpool … Continue reading Nemeti and Others v Sabre Insurance Co Ltd: CA 3 Dec 2013
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
The claimant had applied for housing as a homeless person and was found temporary accomodation pending the respondent’s decision. When eventually the decision went against the claimant, the claimant argued that the authority was obliged to recover the licensed accomodation through court proceedings. Held: The appeal failed. Moses, Kitchin, Floyd LJJ [2013] EWCA Civ 805, … Continue reading ZH, Regina (on The Application of) v London Borough of Newham: CA 11 Jul 2013
The claimants had applied for housing as homeless. They were given accommodation pending the authority’s final decisions. Those decisions were thet the claimants were homeless intentionally. The authoity’s set out to recover possession. The claimants said that under the 1977 Act, the authority was obliged first to obtain a court order. Held: The request for … Continue reading CN, Regina (on The Application of) v London Borough of Lewisham: CA 11 Jul 2013
The Defendant took an assured shorthold tenancy of premises from the Claimant for a fixed term of one year less one day, paying a deposit of a month’s rent under the terms of the tenancy agreement at that time. At the expiry of the fixed term, by the effect of section 5 of the 1988 … Continue reading Superstrike Ltd v Rodrigues: CA 14 Jun 2013
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
The court explained the nature of an estoppel by convention. Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone through them all in this judgment. It has evolved … Continue reading Amalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd: CA 1982
The court considered the determination of a new rent on the conversion of a long tenancy protected under Part I of the 1954 Act to an assured periodic tenancy under the 1988 Act. The tenant had carried out improvements which she now wanted to be discounted in calculating the rent. If it was not so … Continue reading Hughes v Borodex Ltd: CA 27 Apr 2010
The Council had been found to have unlawfully evicted the respondent, and now appealed against the calculation of statutory damages awarded. It said that the court should in its valuation have allowed for the propensity for a move from a secure tenancy with the authority to an assured tenancy with a housing association on the … Continue reading London Borough of Lambeth v Loveridge: CA 10 May 2013
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
UTLC LANDLORD AND TENANT – assured tenancy – rent determination by rent assessment committee – deduction for repairing liability – whether reasons given for deduction – appeal on error of law – requirement for valuation tribunals to give adequate reasons – appeal allowed – remitted to first-tier tribunal (property chamber) – s14 Housing Act 1988 … Continue reading John Jackson Charitable Trust v Hornblower and Others: UTLC 4 Feb 2014
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008
The tenant had been ordered to leave her flat. She had kept a dog in breach of her tenancy agreement. The landlord had terminated the assured shorthold tenancy by a section 21 notice. She said that they had failed to make reasonable adjustments to allow for her disability, and that the dog was critical to … Continue reading Thomas-Ashley v Drum Housing Association Ltd: CA 17 Mar 2010
The Council had granted a weekly secure tenancy of the premises to the appellant. The Court considered the calculation of damages awarded for an unlawful eviction of a residential tenant. Held: Section 28(1)(a) requires the basis of the valuation to be that Mr Loveridge ‘continues’ following the eviction to have ‘the same right’ to occupy … Continue reading Loveridge v London Borough of Lambeth: SC 3 Dec 2014
‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that ‘an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that … Continue reading Haile v London Borough of Waltham Forest: SC 20 May 2015
Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy? Held: A single room can be a dwelling. Each case must be interpreted in its own light as a question of fact, but respecting the intent of the legislation. Social changes now mean … Continue reading Uratemp Ventures Limited v Collins: HL 11 Oct 2001
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. The objector said that the Council should reconsider in the light of this ‘highly relevant’ change. Held: The … Continue reading Hinds, Regina (on The Application of) v Blackpool Council: Admn 17 Mar 2011
When a licence is really a tenancy The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted. Held: This was a tenancy not a licence. … Continue reading Street v Mountford: HL 6 Mar 1985
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation transferred to the transferee. Held: It is the duty of a UK court to construe a statute, so far as … Continue reading Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989
The Trust appealed against refusal of an order for possession against its periodic assured tenant. The grounds were 14 (nuisance or annoyance), and 14A (domestic violence). The judge had found that the violence complained of occurred only after the tenant had moved out of the property and ceased before his return. The judge found no … Continue reading Metropolitan Housing Trust v Hadjazi: CA 1 Jul 2010
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
Occupier Responsible for Nuisance in adopting it A trespasser laid a drain along a ditch on the defendant’s land. Later the defendants came to use the drain themselves. A grate was misplaced by them so that in a heavy rainstorm, it became clogged with leaves, and water flowed over into the plaintiff’s neighbouring land. Held: … Continue reading Sedleigh-Denfield v O’Callaghan: HL 24 Jun 1940
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to cover the earlier shortfall, by allowing for them when issuing a certificate to increase … Continue reading Peacock, Re: SC 22 Feb 2012
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The landlord’s agent did not place the tenant’s deposit with an authorised scheme or provide the appropriate notice within the 14 days required by the 2004 Act. T sought a penalty after it had been deposited. L said that the deposit penalty could no longer be ordered, and now appealed against on order that it … Continue reading Draycott and Another v Hannells Letting Ltd (T/A Hannells Letting Agents): QBD 12 Feb 2010
The council appealed against a decision that having found Ms Sharif to be homeless, they had a duty also to house her sick father and sister as family members in one accomodation unit. Held: The Council’s appeal succeeded (Lord Kerr dissenting). Though a fundamental aim of the legislation was to keep families together, section 176 … Continue reading Sharif v The London Borough of Camden: SC 20 Feb 2013
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also had failed as require to consider the effect it might have in the Jewish community, … Continue reading Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council: Admn 28 Jun 2016
The claimant appealed against refusal of a summary order for possession of the defendant tenant’s house for arrears of rent. The arrears arose through delay in payment of Housing Benefit, and all arrears had been cleared by the hearing of the appeal. The claimant said that as a fully mutual housing co-operative, it was not … Continue reading Mexfield Housing Co-Operative Ltd v Berrisford: ChD 5 Oct 2009
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
Incorporation of Onerous Terms Requires More Care Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date. Held: The plaintiff had not managed to include the terms in the contract, which was only … Continue reading Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd: CA 12 Nov 1987
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
The claimant appealed against the refusal of the defendant to remove his name from the list of those barred from working with children. He had been a GP. Though not priosecuted for any criminal offence the Professional Conduct Committee had found his misconduct proved and he had been suspended from the Medical register for twelve … Continue reading Sarfraz v Disclosure and Barring Service: CA 22 May 2015
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his negligent survey of a property. The plaintiff sought damages for distress, and the cost of … Continue reading Watts and Co v Morrow: CA 30 Jul 1991
The claimant wife of a Squadron Leader occupied a military house with her husband under a licence from the defendant. When the marriage broke down, he defendant gave her notice to leave. She now complained that the arrangement was discriminatory and infringed her human rights because of the lack of security of tenure. Schedule 1 … Continue reading Nicholas v Secretary of State for Defence: CA 4 Feb 2015
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. The real issue is what evidence of surrounding circumstances may ultimately be allowed to influence … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976
Sham requires common intent to create other result The court considered a claim by a hire-purchase company for the return of a vehicle. The bailee said the agreement was a sham. Held: The word ‘sham’ should only be used to describe an act or document where the parties have a common intention that the act … Continue reading Snook v London and West Riding Investments Ltd: CA 1967
The court considered the extent of the House’s jurisdiction as an appellate court. Section 3 of the 1876 Act provided that an appeal should lie to the House of Lords from ‘any order or judgment of . . Her Majesty’s Court of Appeal in England’. The court of appeal had refused leave to appeal against … Continue reading Lane v Esdaile: HL 5 May 1891
The landlord and the ‘tenant’ specifically agreed that the tenancy should be granted to a limited company formed by the tenant, which it was legitimate for them to do so as to avoid the Rent Acts, and the tenant had taken legal advice. Held: In these circumstances the individual who had formed the company could … Continue reading Hilton v Plustitle Ltd: CA 1988
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
UTLC LANDLORD AND TENANT – Rent Determination – application for determination of rent under section 14, Housing Act 1988 – First-tier Tribunal declining jurisdiction on grounds that tenancy was a regulated tenancy under Rent Act 1977 – nature of tenancy – appeal allowed Martin Rodger QC, Deputy President [2015] UKUT 69 (LC) Bailii Housing Act … Continue reading Swanbrae Ltd v Ryder: UTLC 24 Feb 2015
Two rooms were let to the proprietor of an adjoining hotel as additional accommodation for the hotel. They were used mainly for guests but occasionally for the hotel tenant’s family or staff. One such claimed security of tenure. Held: The claim failed. The room was not let as a dwelling: ‘the real fundamental object of … Continue reading Curl v Angelo: CA 1948
The court was asked ‘whether and if so how an easement arising informally and not protected by any entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised.’ The parties respectively owned the ground and first and second floors of a bulding. Access to … Continue reading Chaudhary v Yavuz: CA 22 Nov 2011
The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it. Held: The claim failed. The planning inspector’s report is the starting-point for the Secretary of State’s deliberations. However, it is his statutory function to make a planning judgment … Continue reading Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another: Admn 5 Dec 2014
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The landlord should be deemed to have been in possession of the land when calculating damages for unlawful eviction. The measure of damages ‘represents the financial advantage which the landlord has gained . . . and of which it is the purpose of . .
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
The respondent was a mutual housing co-operative, and the claimant its tenant. The tenant kept a dog in the premises without the consent of the other tenants in breach of the terms of the lease. A notice to quit was served on him. His tenancy was . .
Various leases of properties had been granted. Legal and General occupied the property under an arrangement under which they paid no rent. The landlord sought possession, saying that the agreements were licences not tenancies because of the absence . .
The council set out to acquire two plots of land for development for housing. After the process had begun, it was decided that some of the land should be uised for educational purposes. A Land Charge had been served but the matter not completed. A . .
The issue on this appeal is whether a notice served by the Respondent Landlords on the Appellant under section 21 of the Housing Act 1988 was invalid because no energy performance certificate had been served by the Landlords on the Tenant prior to . .
Secure tenancy obtained by misleading application – grant of possession order . .
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The landlord appealed a finding that in raising the rent of the tenant’s property, he should have followed the section 13 procedure. He said that the agreement contained its own provisions agreed with the tenant. Held: The appeal succeeded. The section excludes a tenancy where provision is made for an increase in rent, and this … Continue reading Contour Homes Ltd v Rowen: CA 26 Jun 2007
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss18 and 19 – Housing Act 1988 ss 13 and 14 – Assured non-shorthold periodic tenancy – whether the landlord’s ability (subject to any reference to a Rent Assessment Committee) to serve a yearly notice of increase of rent (which included … Continue reading Home Group Ltd v Lewis and others: LT 3 Jan 2008
Mummery LJ said: ‘In my judgment, the principal submissions are based on a misreading of the statutory provisions. There is nothing in the provisions establishing or supporting a statutory principle of ‘once an assured tenancy, always an assured tenancy’. The provisions of Schedule 10 relied upon do not set a ceiling of andpound;25,000 on the … Continue reading Regina (on the Application of Morris) v The London Rent Assessment Committee and Another: CA 7 Mar 2002
The tenant sought to request the Committee to fix his rent. He sent the application, but it was not received before it came into effect. He appealed a rejection of his claim as out of time. Held: The regulation required the rent to be referred to the committee before the new rent came into effect. … Continue reading Regina (Lester) v London Rent Assessment Committee: QBD 7 Nov 2002
The tenant under a long lease appealed against a rent assessment which increased the amount payable to a level where she lost her security of tenure. She said that 17 year old improvements she had made should not have been taken into account. Held: The words of the Act were clear and the value of … Continue reading Hughes v Borodex Ltd: Admn 25 Mar 2009
The Court considered the scope of the licensing requirement and the consequences of failing to comply with it. Must a landlord be licensed to serve a notice under section 8 of the Housing Act 1988 (‘the 1988 Act’)? If he must, is a notice served by an unlicensed landlord nugatory? Judges: Lord Justice Newey Citations: … Continue reading Jarvis v Evans and Another: CA 7 Jul 2020
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
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 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 parties had divorced and settled financial provision, but the former wife and her children came to need a house and one of the claimant’s properties became vacant, and she was allowed to occupy it as a tenant, with the majority of the rent being paid through housing benefit. The council refused to pay housing … Continue reading Graves v Graves and others: CA 3 Jul 2007
Notices were given which were incorrect. Held: The notices were upheld despite the errors. Judges: Arden LJ Simon Brown LJ Citations: [2003] EWCA Civ 281, [2003] HLR 45 Links: Bailii Statutes: Housing Act 1988 20, Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 Jurisdiction: England and Wales Citing: Cited – Mannai Investment Co Ltd v … Continue reading B Osborn and Co Ltd v Dior and others: CA 22 Jan 2003
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The landowner sought to recover possession of land occupied under an agreement by a mobile home owner. Held: It was necessary for the land owner to show that he had complied with the requirements under the Act. It was insufficient for the matters to be admitted in the pleadings. Pleadings are not superfluous and are … Continue reading Loveridge and Loveridge v Healey: CA 20 Feb 2004
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004
This was a second appeal, this time by a former tenant and was as to whether a tenancy was a shorthold tenancy or otherwise. The judge had found that the tenancy commenced in 1995, and no notice of shorthold tenancy having been given, it was an assured tenancy. The case was appealed to the High … Continue reading Naidu v Yenula Properties Ltd: CA 23 May 2002
The appellant had been the landlord’s assured tenant for many years. He sometimes worked away from home, and in 2001 he was absent for six months. On his return the landlord offered an assured shorthold agreement. L now sought to issue a notice under section 21. T said that the earlier tenancy had continued, and … Continue reading Chohan v McManus: CA 24 Nov 2008
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Approved Warehouse; failure to comply with conditions imposed by HMRC; Customs and Excise Management Act 1979 sections 92 and 93; The Excise Warehousing (Etc.) Regulations 1988, regulation 7; Notice 197; Notice 50. Citations: [2007] UKVAT-Excise E01049 Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 18 July 2022; Ref: scu.272128
The registered social landlord appealed refusal to grant possession of property held under an assured tenancy. Possession was sought for rent arears and for nuisance. Citations: [2008] EWCA Civ 840 Links: Bailii Statutes: Housing Act 1988 Jurisdiction: England and Wales Housing Updated: 17 July 2022; Ref: scu.270928
The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. The defendant Council provided the family with a small house but in breach, as they ultimately accepted, of section 21(1) (a) of the National Assistance Act, failed to provide the family with accommodation suited to … Continue reading Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002
The elderly appellant claimed a non-shorthold assured tenancy. He had moved in in 1999, but had been given a rent book which described the tenancy as an assured tenancy. The now deceased landlord had himself occupied another flat in the building. Held: Whilst the landlord occupied the house, the tenancy could only be a common … Continue reading Andrews and Another v Cunningham: CA 23 Jul 2007
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 claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007
The landlord granted an assured shorthold tenancy for six months fixed at andpound;390 ‘per calendar month payable every two months in advance’. Clause 5 allowed the tenant to terminate the agreement with ‘at least one month’s written notice’. The tenant left, putting the keys through the landlord’s letterbox. The landlord claimed the arrears of rent, … Continue reading Laine v Cadwallader: CA 26 May 2000
The court was asked about transitional arrangements for Rent Act tenants after the 1988 Act: ‘If A, a Rent Act tenant, takes a new tenancy agreement after the commencement of the 1988 Act jointly with B, does B thereafter partake in the ongoing protection to which A would have been entitled if he, B, takes … Continue reading Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005
The appellant had been fostered by the deceased, and on her death continued to live in her house held under a secure tenancy of the respondent. The council sought possession, saying that he was not a member of the deceased’s family within section 113, and that in any event he had not occupied the property … Continue reading Steven We Ping Wall v Sheffield City Council: CA 23 Mar 2006
LT TAX – corporation tax – market value in June 1988 – backland formerly part of petrol filling station – likely grant of planning permission for housing – access – comparables – value determined at andpound;900,000 – Capital Gains Tax Act 1979, s150 Citations: [2003] EWLands TMA/89/2002 Links: Bailii Statutes: Capital Gains Tax Act 1979 … Continue reading Faraday v Carmarthanshire County Council: LT 20 Oct 2003
LT TAX – corporation tax – market value in June 1988 – backland formerly part of petrol filling station – likely grant of planning permission for housing – access – comparables – value determined at andpound;900,000 – Capitals Gains Tax Act 1979, s150 Citations: [2003] EWLands TMA – 89 – 2002 Links: Bailii Statutes: Capitals … Continue reading Ellis v Norbury Hill Ltd: LT 20 Oct 2003
The claimant was a cyclist. He passed along inside a line of traffic, and collided with a lorry turning left into a petrol station ahead of him, suffering serious injuries. He appealed against a finding that the lorry driver had signalled and that he had not been watching where he was going. Held: The claimant … Continue reading Clenshaw v Tanner and others: CA 27 Nov 2002
Transitional provisions protecting former Rent Act tenants. Judges: Lord Justice Auld Lord Justice Rix Citations: [2005] EWCA Civ 1008 Statutes: Housing Act 1988 Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.236179
The claimant had sought relief for the injury to her health suffered by condition of her flat. The legal advisers had settled the matter, thinking that the claim had not been timeously served. The defendant appealed an order that the compromise was voidable, being based upon a common mistake of law. Held: ‘Courts should be … Continue reading Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003
