The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply with the regulations, in that the notice failed to set out the consequences of the variation.
Held: The notice achieved substantial compliance. There was no hard edged list of effects, and a general understanding of the consequences of the alteration had been demonstrated in the tenants. The alteration was effective and not unfair, and the appeal failed.
Rix, Rimer, Elias LJJ
[2011] EWCA Civ 1173, [2011] 43 EG 105, [2012] PTSR 1336, [2012] HLR 6, [2011] 43 EG 105 (CS)
Bailii
Housing Act 1985 84 102 103, Local Authorities (Goods and Services) Act 1970 1, Water Consolidation (Consequential Provisions) Act 1991, Unfair Terms in Consumer Contracts Regulations 1999 5 6
England and Wales
Citing:
Cited – Lambeth London Borough Council v Thomas CA 31-Mar-1997
There had been an agreement between Lambeth and Thames Water when Thames Water was still a public water authority and when Lambeth collected water rates properly so called from its tenants on behalf of the water authority. No evidence of it in . .
Approved – S, Regina (on the Application of) v A Social Security Commissioner and Others Admn 3-Sep-2009
The Claimant sought judicial review of a decision of the Defendant Social Security Commissioner refusing the Claimant (and six other appellants) permission to appeal against a decision of a Social Security Appeal Tribunal relating to their housing . .
Cited – Attorney-General v Crayford Urban District Council CA 1962
The local authority had entered into an arrangement with a company for the collective insurance of its tenants’ household goods and certain personal effects and fixtures and fittings of the tenants or for which they were responsible, and invited the . .
Cited – Akumah v London Borough of Hackney HL 3-Mar-2005
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
Cited – London and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Cited – London Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .
Cited by:
Cited – Plevin v Paragon Personal Finance Ltd SC 12-Nov-2014
PPI Sale – No Recovery from Remote Parties
The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. . .
Lists of cited by and citing cases may be incomplete.
Housing, Utilities
Updated: 12 November 2021; Ref: scu.445857