Citations: [2017] EW Misc 10 (CC) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 27 March 2022; Ref: scu.590778
A Local authority must investigate the personal circumstances of a tenant before seeking an eviction order. Citations: Times 02-Jan-1997, [1996] EWHC Admin 377 Links: Bailii Statutes: Criminal Justice and Public Order Act 1994 77(1) Housing Updated: 25 May 2022; Ref: scu.136925
The period of twenty years required to establish a common under the Act was the period up to the date of the application. Judges: Dyson J Citations: [1996] EWHC Admin 385, (1996) 74 PandCR 1 Links: Bailii Statutes: Commons Registration Act 1965 Citing: Cited – New Windsor Corporation v Mellor CA 1975 The respondent had … Continue reading Regina v Norfolk County Council ex parte Perry: Admn 19 Dec 1996
ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer. Citations: Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94 Links: Bailii Statutes: EC Directive 77/187/EEC Cited by: … Continue reading Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996
One of two joint tenants was able to give a notice to quit a joint periodic tenancy, without first referring to the co-tenant. If this was inappropriate, then it was for Parliament to change the law. Such a notice was not the exercise of a ‘function’ relating to the land within the Act, and accordingly … Continue reading Notting Hill Housing Trust v Brackley and Another: CA 24 Apr 2001
The authority had taken possession proceedings against the secure tenant for non-payment of rent, and obtained an order, suspended on condition as to payments. He again fell into arrears, and the authority made a further agreement. They now sought issue of a warrant, and the tenant argued that a new possession was required, saying that … Continue reading Greenwich London Borough Council v Regan: CA 31 Jan 1996
No undertaking for damages was to be required of a Local Authority exercising a statutory duty. The grant of an injunction in favour of a local authority performing law enforcement duties did not necessarily carry with it a cross-undertaking on damages of a type that is familiar in private litigation. Judges: Scott Baker J Citations: … Continue reading Coventry City Council v Finnie and Another: QBD 2 May 1996
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
After deliberately losing her tenancy, the authority had provided the appliant with temporary accomodation in a guest house, but after her housing benefits were halved she lost that accomodation also. Held: The authority had a duty to house her. The change in the level of housing benefits had operated to break the chain of causation, … Continue reading Regina v London Borough of Harrow ex parte Fahia: 1996
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
Judges: Toulson J Citations: [1996] 29 HLR 87 Cited by: Cited – Regina v London Borough of Wandsworth ex parte Ann Garvey Admn 8-Apr-1997 The claimant said that the housing offered to her as a single mother with four children, one hyper-active, was inadequate. It was complained that the Doctor advising the authority had included … Continue reading Regina v Greenwich London Borough Council ex parte Dukic: 1996
The lender claimed possession as chargee under a legal charge granted by the respondents who filed Defences contending that the claimant had agreed to replace the secured loan and to waive its remedies for default under the charge. The claimant said the defence was misconceived. The District Judge declined to make a possession order, and … Continue reading Scotlife Home Loans v Hedworth: CA 1996
Outer House – Lord Clyde reiterated his view, rejecting a challenge by counsel for the defenders, that section 11(3) was concerned only with awareness of loss, a matter of fact, and not with matters of legal liability. Judges: Lord Clyde Citations: 1996 SLT 150 Statutes: Prescription and Limitation (Scotland) Act 1973 Cited by: Cited – … Continue reading Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996
Judges: Sheriff J.A. Taylor Citations: 2002 SLT 103 Links: ScotC Statutes: Housing Grants, Construction and Regeneration Act 1996 111 Jurisdiction: Scotland Cited by: Cited – Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis CA 12-Nov-2003 The defendants had engaged the claimants under standard form clauses for construction work. They issued a notice to … Continue reading Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate): ScSf 1 Oct 2002
(Inner House) Information set out in a proposal form was incorrect and the declaration made by the insured was incorporated as the basis of the insurance. The insurer repudiated liability. Citations: 1996 SLT 1197 Cited by: Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013 The housing association was to develop … Continue reading Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd: SCS 1996
Citations: (1996) 29 HLR 202 Statutes: Housing Act 1988 34(1)(b) Jurisdiction: England and Wales Cited by: Cited – Truro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008 The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected … Continue reading Bolnore Properties Ltd v Cobb: 1996
The applicant challenged a referral of her application for housing as a homeless person by Hammersmith back to Kirklees from where she had moved. She had a cousin in Hammersmith. Held: Her application for judical review failed. Tucker J: ‘Section 61(1) of the Housing Act provides that a local connection may be established by any … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: QBD 1996
Citations: [1996] EWHC Admin 123 Statutes: Housing Act 1985 65(2) Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.136671
Sets limits to the degree of family connection required to establish a connection. Citations: Times 11-Jun-1996 Statutes: Housing Act 1985 61(1) Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.86801
Four asylum seekers had been deprived of benefits, and left destitute. They had sought housing assistance from the authority, claiming that the complete absence of resources left to them was an ‘other special reason’ leaving them vulnerable within s59. Held: Such destitution was capable of being a reason within the Act, and the appeal against … Continue reading Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996
The proper length of suspension of a possession order to allow a sale is a question for each case. Citations: Times 24-Jan-1996 Statutes: Administration of Justice Act 1970 Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.84173
The plaintiff had acquired land to build a hospital, which would require re-alignment of a link road, over which the defendants had rights of way. The land was also subject to a restrictive covenant in favour of the defendants. The defendants did not object, and the re-alignment of the right of way would improve the … Continue reading Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust and Others: ChD 11 Jun 1998
The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at the grandmother’s property; at the expiry of the three months had … Continue reading Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996
Parliament had made detailed provision in a number of Acts for the discharge of the housing duties by local authorities. These detailed provisions did not contain a power to give a guarantee in connection with a bank loan to a company which the local authority had formed to assist in the acquisition and development of … Continue reading Credit Suisse and Another v Waltham Forest London Borough Council: CA 20 May 1996
Statutory tenancy after contractual one binding on mortgagee is also binding. Citations: Times 12-Nov-1996 Jurisdiction: England and Wales Landlord and Tenant, Housing, Land Updated: 13 April 2022; Ref: scu.84820
A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for entitling the couple to qualify as a family. The couple would qualify by themselves, … Continue reading T Petitioner: OHCS 20 Aug 1996
Local Authority not oblige to place all applicants on housing waiting list – old rent arrears. Citations: Times 11-Jun-1996 Statutes: Housing Act 1985 22 Housing Updated: 10 April 2022; Ref: scu.88339
Priority housing need applicant must show some partial dependency of children. Citations: Times 03-Oct-1996 Statutes: Housing Act 1985 58(1)(b) Housing Updated: 10 April 2022; Ref: scu.88295
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) 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 in priority need, but … Continue reading Regina v Westminster City Council Ex Parte Obeid: QBD 16 Jul 1996
The local connection test for rehousing may be applied as at the date of the application for housing: ‘In my judgment a local authority may properly ask itself whether the applicant had a local connection . . at the date of the application under Part III of the Housing Act, 1985 so long as it … Continue reading Regina v Newham London Borough Council Ex Parte Smith: QBD 11 Apr 1996
The claimant sought to challenge a refusal of the Housing Authority to pay housing benefit. The Secretary of State had made the relevant Regulations determining eligibility for benefits. If the challenge were successful, the Secretary of State would be affected financially by reason of his obligation to pay sums to the Authority. Held: The Secretary … Continue reading Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996
Rent arrears are a proper consideration for a Local Authority in allocating a housing tenancy. Citations: Times 11-Apr-1996 Statutes: Housing Act 1985 22 Housing Updated: 09 April 2022; Ref: scu.87102
The words ‘other special reason’ for housing need within the section are to be to be read narrowly. The section was to be read as a whole and was not indended to cover impecuniosity through the denial of benefits. Citations: Times 01-May-1996 Statutes: Housing Act 1985 59(1) Cited by: Appeal from – Regina v Kensington … Continue reading Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar: QBD 1 May 1996
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor … Continue reading Network Housing Association Ltd v Westminster City Council: QBD 7 Nov 1994
A possession order was properly made against a tenant for the misbehaviour of a family member. Citations: Times 15-Jul-1996, [1996] 29 HLR 507 Statutes: Housing Act 1985 Sch 2 Part 1 Jurisdiction: England and Wales Cited by: Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997 The local authority had obtained a possession … Continue reading Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy would be void if any fact warranted in the proposal was wrong. The form … Continue reading Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: CA 4 Oct 2013
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
An assured tenant sought to challenge a possession order made for rent arrears. He said that as a public body the landlord had a duty under human rights law to pursue all posssible alternate solutions before seeking possession. Held: The property was one taken over by the Association as former local authority housing stock and … Continue reading Weaver, Regina (on the Application of) v London and Quadrant Housing Trust: Admn 24 Jun 2008
The Board considered a banking transaction and the application of a chargeback by the bank, under which a loan was made only after a deposit by a third party against which it was secured, and particularly in the context of the insolvency of the bank itself. Held: Lord Mustill discussed the need to construe a … Continue reading Tam Wing Chuen v Bank of Credit and Commerce Hong Kong Ltd: PC 1996
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
A desire to attend at a mosque and to be near a Muslim school was insufficient local connection to make the local authority responsible for re-housing the applicant. Times 15-Apr-1996 Housing Act 1967 61 67 England and Wales Housing Updated: 31 October 2021; Ref: scu.88294
The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013
The 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 . .
A female tenant endured six years of misery caused by cockroaches, described as a quite appalling infestation for which she was in no way responsible.
Held: The court was not satisfied that the dismissal of the tenant’s claim was the right . .
The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly.
Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 . .
Local Authority tenants sought to exercise their statutory right to purchase their council house. The third defendant had registered against the title a right of pre-emption protecting a feu charter registered in the Registry of Sasines.
Held: . .
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. . .
Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability . .
The court considered the recoverability of the fees an arbitrator appointed under the 1996 Act, were the award had been determined unenforceable for a breach of the rules of natural justice.
Held: The appeal against an order for payment of he . .
. .
Public policy rendered an assignment of a remedy void, where the assignment was an attempt to split it from another remedy. For the purpose of construing a contract the law excludes from the admissible factual background the previous negotiations of . .
A rent allowance underpayment was not to be set off against Housing Benefit arrears. . .
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .
. .
The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association.
Held: A Local Authority had no . .
Accommodation provided by a local authority need not be permanent in order to satisfy the statutory requirement to assist somebody in need of assistance for homelessness. The full duty might be discharged by securing the offer of an assured . .
Customary rights over land were not defeated by failure to register as common. ‘As of right’ meant that the right must be exercised in the belief that it is a right enjoyed by the inhabitants of the village to the exclusion of all other people. ‘it . .
A transfer of property application in divorce ancillary relief proceedings was properly affected by the Local Authority’s housing policies. . .
A tenat’s right to buy property should not effect the assessed fair rent on review. . .
The owner-occupier compensation supplement payable on a compulsory purchase carries interest. . .
Notice determining tenancy effectively was notice requiring possession. . .
The fact that a secure tenant was an illegal and an overstaying immigrant and therefore should not have been granted a tenancy, gave no right to the council as landlord summarily to evict him. . .
B occupied a room in a hotel. He sought an injunction to prevent his eviction, arguing first that he was a tenant protected by the Housing Act 1988 and second that he was protected under the Protection from Eviction Act 1977. His application was . .
The landlord council and tenant claiming his right to buy disputed the reasonableness of terms proposed by the council for inclusion in the lease. The tenant served a RTB6 notice and the landlord served a RTB7 Counter notice relying on the . .
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were . .
Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as . .
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address . .
The employee at the time of her dismissal was expressly debarred by statute from bringing her complaint of unfair dismissal because she was a part-time employee. It was only many years later the statute was held to impugn EU law and had done so . .
The claimant had obtained an order for possession against the defendant for her repeated anti-social behaviour. The court granted in addition to the possession order an injunction restraining the defendant from coming near the premises for a further . .
The defendants appealed convictions for fraud. It was alleged they had made multiple and false claims for housing and other benefits. Some evidence was admitted which should only have been admitted on the basis of it being similar fact evidence. . .
. .
The Secretary of State had introduced regulations which excluded the statutory right to payment of ‘urgent case’ benefits for asylum seekers who had not claimed asylum immediately upon arrival, or whose claims for asylum had been rejected, and who . .
The Court’s discretion to grant a landlord possession is not limited to exceptional cases. Under Ground 1 in Schedule 2 Housing Act 1988 the landlord was entitled to recover possession from an assured tenant if he ‘requires the dwelling house as . .
The claimants were tenants of a charitable housing association, and sought the enfranchisement of their leasehold properties. The landlord appealed a declaration that the tenants were so entitled, saying that each of the tenants was excluded from . .
EAT UNFAIR DISMISSAL: Automatically unfair reasons
PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke
The employee claimed that she had been dismissed for making protected disclosures and . .
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured . .
. .
. .
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 . .
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become . .
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely.
The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the . .
Before the alleged transfer, the undertaking of general building work operations, was carried on by the Northern Ireland Housing Executive through its Direct Labour Organisation then divided into four districts. The employee worked in two units then . .
. .
Application for summary judgment in application to enforce arbitration award under the Act. . .
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the . .
EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts . .
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights . .
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 . .
Contract of Employment : Sick Pay and Holiday Pay
CONTRACT OF EMPLOYMENT – Damages for breach of contract
UNFAIR DISMISSAL – Reasonableness of dismissal
UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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The court was asked whether, when assessing an applicant’s ‘priority need for accommodation’ under section 189(1)(c) Housing Act 1996 (that is, whether the applicant is ‘vulnerable’ by reason of old age, mental illness or handicap or physical . .
The court was asked as to the circumstances in which, for the purposes of sections 198(2) and 199 of the Housing Act 1996 (as amended by the Homelessness Act 2002) (‘the 1996 Act’), an applicant for housing assistance has a local connection with the . .
The court was asked whether the appellant has a priority need for homelessness accommodation on the basis that he is vulnerable within the meaning of section 189(1)(c) of the Housing Act 1996. . .
