Tag: Housing

Yumsak v London Borough of Enfield: Admn 2002

The court will not readily interfere with the approach of a housing authority to the question of suitability, although in an appropriate case it plainly will.

Citations:

[2002] EWHC 280 Admin, [2003] HLR 1

Cited by:

Cited – Calgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
Cited – Nzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 17 May 2022; Ref: scu.234545

Morrow v Nadeem: 1981

In a notice served pursuant to s25 of the 1954 Act the landlord was described as the individual who was effectively the sole shareholder and director of landlord company, rather than the landlord company itself.
Held: The landlord’s notice was invalid. It was a form preescribed by the rules requiring the correct identification of the landlord. The court considered also the effect of the omission to inform a proposed lessee about what would happen on a reference to a rent assessment committee on the substitution of council tax for poll tax. It would be a source of confusion rather than an evident error.

Judges:

Nicholls LJ

Citations:

[1986] 1 WLR 1381

Statutes:

Landlord and Tenant Act 1954 25, Landlord & Tenant (Notices) Regulations 1957 (SI 1957/1157),

Cited by:

Cited – Andrews and Another v Brewer and Another CA 17-Feb-1997
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, . .
Cited – Pearson v Alyo CA 1990
Effect of mistake in notice given under the Act. . .
Cited – Lay and others v Ackerman and Another CA 4-Mar-2004
Notices had been served by tenants under the Acts. The properties were on a large estate where the freeholds had been divided and assigned to different bodies, and there were inconsistencies in identifying the landlords. The landlords served a . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 16 May 2022; Ref: scu.187736

Regina v London Borough of Hammersmith, ex parte P: QBD 1989

The applicants were members of six homeless families who had occupied accommodation in Northern Ireland. The council concluded that members of each household except one had been guilty of criminal and anti-social behaviour, as a result of which the IRA had threatened that they would all be killed unless they left Northern Ireland within 72 hours. The council concluded that all the applicants were homeless intentionally, primarily on the ground that they had ceased to occupy their homes in consequence of deliberate acts, namely their continued misbehaviour after warnings by or on behalf of neighbours.
Held: The council’s decision was confirmed. The question was one of causation; the section makes no mention of foreseeability but where the immediate cause of the departure (namely the IRA threat) was foreseeable, then it was easier to say that the bad behaviour was the cause of the homelessness and it was less easy to say that the homelessness was caused by a new intervening act. The court rejected the submission that it should, as a matter of public policy, refrain from making the applicants responsible for the acts of vigilantes.

Judges:

Schiemann J

Citations:

(1989) 22 HLR 21

Citing:

Approved – Devenport v Salford City Council CA 1983
A possession order was made because of the misconduct of the tenants and their children. The council made a finding of intentional homelessness, which was upheld by the Court of Appeal.
Held: For the purposes of the homelessness legislation, . .

Cited by:

Cited – Regina v London Borough of Hounslow ex parte R Admn 19-Feb-1997
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 . .
Cited – Haile v London Borough of Waltham Forest SC 20-May-2015
‘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, . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 16 May 2022; Ref: scu.181073

Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002

The applicant sought review of the authority’s decision not to offer her housing. She was subject to immigration control. She had been the victim of domestic violence and of abduction.
Held: The authority could provide assistance under either Act, unless prohibited by statute. The limitation in the 1948 statute did apply to restrict the authority’s decision under the 2000 Act. Nevertheless, in the particular circumstances the decision not to provide assistance was unreasonable, and review was granted.

Judges:

Moses J

Citations:

Gazette 31-Oct-2002, Times 04-Nov-2002

Statutes:

Immigration and Asylum Act 1999 115, National Assistance Act 1948 21(1)(a)

Immigration, Housing, Local Government

Updated: 16 May 2022; Ref: scu.177845

Goringe v Twinsectra Ltd: 20 Apr 1994

Section 34(1)(b) of the 1977 Act should to be read subject to a limitation that it applies that a new tenancy must be a tenancy of the same premises as the old.

Citations:

(1994) LAGB June 11

Statutes:

Rent Act 1977 34(1)(b)

Jurisdiction:

England and Wales

Cited by:

Approved – Arogol Company Ltd v Rajah CA 21-Mar-2001
Defendant’s appeal from an order granting the claimant a possession order in respect of a ground floor flat. The basic question in the proceedings was whether the defendant had a tenancy protected under the Rent Act 1977.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 16 May 2022; Ref: scu.614931

Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993

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 with the provision of housing, not social services’ care. A parent or carer would be given priority under the later section by virtue of that care. The authorities’ duties under Part III of the 1985 Act were not owed to dependent children.
Lord Griffiths said: ‘Dependent children are not amongst those classified as in priority need.
Dependent children depend upon their parents or those looking after them to decide where they are to live and the offer of accommodation can only sensibly be made to those in charge of them.
Such a child is in my opinion owed no duty under this Act for it is the intention of the Act that the child’s accommodation will be provided by the parents or those looking after him and it is to those people that the offer of accommodation must be made.
If a family has lost its right to priority treatment through intentional homelessness the parent cannot achieve the same result through the back door by an application in the name of a dependent child.’

Judges:

Lord Griffiths

Citations:

Gazette 07-Jul-1993, Independent 19-Mar-1993, [1993] 2 All ER 65, [1993] 2 WLR 609, [1993] AC 509

Statutes:

Housing Act 1985 59(1) 59(1)(c)

Cited by:

Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Royal Borough of Kingston Upon Thames v Prince and Another CA 2-Dec-1998
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years.
Held: The 1985 . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Lists of cited by and citing cases may be incomplete.

Housing, Children

Updated: 15 May 2022; Ref: scu.87493

Laimond Properties Ltd v Raeuchle: CA 24 Jan 2000

The landlord acquired the freehold of a small block of flats in 1993. The defendant had been a tenant protected under the Rent Acts since 1976. He also made use of a neighburing empty room without paying rent. His rent was nearly all paid through housing benenefits, but a shortfall grew, and possession proceedings were begun, with a claim for damages for trespass in the adjoining room. The tenant resisted possession proceedings alleging a failure to repair. He now appealed the dismissal of his counterclaim and the grant of possession.
Held: The appeal succeeded. The grant of a suspension as requested by the tenant was a matter of the judge’s discretion which could be interfered with only if the decision was flawed. S103(3) did not allow the imposition of payment obligation other than those for rent. The judge had not properly considered whether the sum of andpound;10.00 offered by the tenant would be likely to succeed in discharging the arrears of andpound;511.00, but had instead considered extraneous factors for the sum claimed for trespass. The judge should also have restricted his consideration to the matters pleaded.

Judges:

Sir Richard Scott V-C, Chadwick LJ

Citations:

[2000] EGI

Jurisdiction:

England and Wales

Citing:

See Also – Laimond Properties Limited v Al-Shakarchi CA 10-Feb-1998
If ‘suitable alternative accommodation’ was offered in exchange for a protected tenancy, the court need look only for some security for the tenant, not that he should receive equal protection. Where the landlord persuades the Rent Act protected . .
Application for leave – Laimond Properties Limited and Christina Raeuchle CA 18-Aug-1999
Application for leave to appeal granted. . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 14 May 2022; Ref: scu.235017

Westminster Borough Council v Basson: CA 1990

The council sought possession of the premises. The defendant had been an unlawful occupier. He said that in the course of the proceedings, the Council had made reference to a tenancy and to the payment of rent and had issued a rent book.
Held: The acts during possession proceedings were not inconsistent with the council’s assertions, and no tenancy had been created, only a licence.

Citations:

(1990) 23 HLR 225

Jurisdiction:

England and Wales

Cited by:

Cited – London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 14 May 2022; Ref: scu.231654

Wilson v Nithsdale District Council: 1992

An eighteen year old girl had been sexually assaulted, was unable to return home, had been expelled from a hostel for suspected theft and was said to be at risk of further sexual assault if not provided with suitable accommodation. She sought housing as a vulnerable person.
Held: The court pointed out the dangers of a comparative approach in extablishing vulnerability: ‘The ‘comparative’ approach to vulnerability adopted in these cases cannot in my view be pushed to its logical limit; the intention cannot be that every homeless person will be held vulnerable for special reason merely because one other such homeless person might by comparison seem less vulnerable. The comparison must in my view be with some assumed average or normal run-of-the-mill homeless person. But if there is a lesser ability to fend for oneself, against that comparison, in a housing context, so that injury or detriment would result when such an ordinary homeless person would be able to cope without harmful effects, then in my opinion vulnerability for special reason is established for the purpose of the Act, and nothing more special (far less anything odd or exceptional) is required.’

Judges:

Lord Prosser

Citations:

[1992] SLT 1131

Cited by:

Approved – Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar CA 25-Jun-1996
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 . .
Cited – Regina v London Borough of Camden ex parte Pereira CA 20-May-1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of . .
Lists of cited by and citing cases may be incomplete.

Housing, Scotland

Updated: 13 May 2022; Ref: scu.200294

Scurci Chimenti v Italy: ECHR 19 Dec 2002

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award
The applicant had let her flat. Her action to recover possession through the courts had taken 10 years, largely because of the lack of police support in enforcing her lawful attempts to recover possession under court orders, and she complained that this infringed her Protocol 1 article 1 rights.
Held: The court in Saffi had stated its view of the law in this situation. The case was well founded, and the claimant was awarded damages and costs.

Citations:

33227/96

Statutes:

European Convention on Human Rights 1

Jurisdiction:

Human Rights

Citing:

Applied – Immobiliare Saffi v Italy ECHR 28-Jul-1999
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – claim rejected; Costs and expenses partial award – Convention . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Updated: 12 May 2022; Ref: scu.178682

Regina (Piggott) v Bedfordshire County Council: QBD 17 Jan 2002

The claimant sought allocation of a pitch on a caravan site for gypsies. She appealed a refusal of the pitch, which had been made solely on the basis that she had already come onto the site and was trespassing at the time of the application.
Held: The council should weigh up the needs of the claimant, of the community in general, and the needs of other potential occupants who had behaved in an orderly way. Improper behaviour by the claimant might justify a lower priority, but was not itself conclusive.

Judges:

Justice Turner

Citations:

Times 29-Jan-2002, Gazette 06-Mar-2002

Housing

Updated: 12 May 2022; Ref: scu.167484

Tadema Holdings Ltd v Ferguson: CA 25 Nov 1999

A notice to increase rent could properly be served on a tenant even though he lacked mental capacity. Service of a notice must retain its natural meaning. A notice could properly be given where the landlord was named, and his address given ‘c/o the agent’ provided that address gave sufficient opportunity to contact the landlord.

Citations:

Times 25-Nov-1999, Gazette 08-Dec-1999

Statutes:

Housing Act 1988 ,13(2), Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 No 194

Jurisdiction:

England and Wales

Landlord and Tenant, Housing

Updated: 11 May 2022; Ref: scu.89688

Rogers v Lambeth London Borough Council: CA 10 Nov 1999

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 tenant then had standing to claim damages for the landlords failure to repair in that period.

Citations:

Times 10-Nov-1999, Gazette 25-Nov-1999, (1999) 32 HLR 361

Statutes:

Housing Act 1985 20

Jurisdiction:

England and Wales

Cited by:

Cited – London Borough of Newham v Hawkins and others CA 22-Apr-2005
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 . .
Cited – London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
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 . .
Cited – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
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: . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 11 May 2022; Ref: scu.88847

Regina v Southwark London Borough Council Ex Parte Bediako; Regina v Westminster County Council Ex Parte Zafru: QBD 17 Mar 1997

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

Jones v Waveney District Council: CA 17 Dec 1999

Where a local authority, having paid housing benefit in excess to a landlord, sought to recover that excess from him, it could not do so otherwise than in accordance with the regulations which provided for this. It was not open to the authority to deduct any overpayment from later payments, and if it did so, the landlord had the standing to reclaim the deducted amounts as a debt. Such a claim was not subject only to judicial review of the authority’s actions as part of public law.

Citations:

Times 22-Dec-1999, Gazette 17-Dec-1999

Statutes:

Housing Benefit (General) Regulations 1987 (1987 No 1971)

Jurisdiction:

England and Wales

Housing, Benefits, Landlord and Tenant, Local Government

Updated: 10 May 2022; Ref: scu.82620

Enfield London Borough Council v B (A Minor) and Another: CA 2 Sep 1999

In order to grant an injunction under the section, a person sought to be protected had to have some real nexus or connection with the residential premises involved. A connection with the area in general was insufficient. A milkman visiting residential premises might be protected, but a housing officer working in the area had no sufficient connection.

Citations:

Times 02-Sep-1999, [2000] 1 WLR 2259

Statutes:

Housing Act 1996 152(1)(a)

Jurisdiction:

England and Wales

Cited by:

Applied – Nottingham City Council v Thames CA 26-Jul-2002
The local authority sought an order under the Act after its staff, working at a centre on the estate where the defendant resided had been threatened.
Held: There was no sufficient nexus between the staff and residence on the estate. The . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 10 May 2022; Ref: scu.80328

Demetri v Westminster City Council: CA 12 Nov 1999

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 an appropriate case for this council to do so where it was being represented to it that on the original review some material argument had not been considered. A reconsideration after a review was not appealable, even on a discretionary basis by the court, and the time limit would not run from such date. The time limit for appealing on a point of law to the county court began with the initial review.

Judges:

Douglas Brown J

Citations:

Times 12-Nov-1999, Gazette 25-Nov-1999, [2000] 1 WLR 772

Statutes:

Housing Act 1985 202(2) 204

Jurisdiction:

England and Wales

Cited by:

Cited – C v London Borough of Lewisham CA 4-Jul-2003
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 10 May 2022; Ref: scu.79896

North Devon Homes Housing Association v Brazier: QBD 2003

The tenant was guilty of nuisance, but her misbehaviour was attributable to her psychotic state – her ‘disability’ within the 1995 Act.
Held: Though a very pertinent factor to be taken into account may be a housing authority’s obligations to other tenants on a housing estate and the interests of those other tenants, though the situation may be affected by the Act when the tenant suffers some mental impairment: ‘on the facts of the present case, the issue is one of fact: whether the breach of the tenancy terms was caused by the disability’. Since the evidence showed that the tenant ‘was unable [due to her disability] to prevent herself from behaving in [the objectionable] manner’ the 1995 Act was engaged, and the landlord had to establish sufficient justification to satisfy section 24(1)(b) of that Act if an order for possession was to be made. The 1995 Act did not bar all evictions but ‘only those which were not justified in the specific circumstances set out in section 24 and it ‘furnishes its own code for justified eviction which requires a higher threshold’, a threshold higher than that in the Housing Act 1988.

Judges:

David Steel J

Citations:

[2003] HLR 905, [2003] EWHC 574 (QB)

Statutes:

Housing Act 1988, Disability Discrimination Act 1995

Jurisdiction:

England and Wales

Citing:

Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .

Cited by:

Cited – Knowsley Housing Trust v McMullen CA 9-May-2006
The defendant tenant appealed an order for possession of her flat. She was disabled and living with her 19 year old son. He had been made subject to an anti-social behaviour order. The court had found that she could have required him to leave. The . .
Cited – London Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
Lists of cited by and citing cases may be incomplete.

Housing, Discrimination

Updated: 10 May 2022; Ref: scu.234717

Niholas v Secretary of State for Defence: ChD 1 Aug 2013

The claimant had been the wife of a military officer, and occupied a property licensed to him by the defendant. They divorced and he left, and she now resisted grant of possession to the defendant.
Held: The claimant failed. However, there was no disagreement between counsel that differential treatment as between Crown tenants and other tenants is capable of being discrimination on the ground of ‘other status’ within Article 14.

Judges:

Burton J

Citations:

[2013] EWHC 2945 (Ch)

Statutes:

European Convention on Human ights

Jurisdiction:

England and Wales

Cited by:

Appeal from – Nicholas v Secretary of State for Defence CA 4-Feb-2015
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 . .
See Also – Secretary of State for Defence v Nicholas ChD 24-Aug-2015
Application to set aside an order granting the Secretary of State for Defence, the claimants in these proceedings, permission to issue a written possession. . .
Cited – Watts v Stewart and Others CA 8-Dec-2016
The court considered the status of residents of almshouses, and in particular whether they were licensees or tenants with associated security.
Held: The occupier’s appeal failed: ‘We do not accept the proposition that, if and insofar as Mrs . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant, Human Rights

Updated: 09 May 2022; Ref: scu.594558

Rutherford and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 27 Jan 2016

Challenge to lawfulness of regulations applying a discount to payments of housing benefits when there was deemed to be a spare bedroom.
Held: The appeal succeeded in part.

Judges:

Lord Thomas of Cwmgiedd, CJ, Tomlinson LJ, Vos LJ

Citations:

[2016] EWCA Civ 29, [2016] WLR(D) 36

Links:

Bailii, WLRD

Statutes:

Housing Benefit Regulations 2006

Jurisdiction:

England and Wales

Cited by:

Appeal from – MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions SC 9-Nov-2016
The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived . .
Cited – RR v Secretary of State for Work and Pensions SC 13-Nov-2019
Housing benefit regulations had been found unlawful and were amended. The Court now considered what payments should have been made before the amendments came into effect.
Held: The appeal was allowed, and RR’s housing benefit entitlement is to . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing

Updated: 09 May 2022; Ref: scu.559354

Jackson v Pekic and O’Brien: CA 1990

The court looked to the meaning of ‘a resident landlord’ in the section. The question was whether the landlord in that case was on the 14th August 1974 occupying as her residence another dwelling house which formed part of the same premises in which the dwelling to which the tenant had been granted a furnished tenancy was situated.
Held: By reason of paragraph 5 of Schedule 2 of the 1977 Act and Section 2(3) of the Act and Section 3(2) of the Rent Act 1968, the phrase ‘occupying a dwelling house as his residence’ had to be construed as fulfilling the same and only the same qualifications as had to be fulfilled under the earlier Rent Acts. Parliament was providing that in construing that phrase a court had to look at the earlier decisions on the meaning of ‘retaining dwelling house as his residence’. Ralph Gibson LJ ‘It is clear, in my judgment, from the passages cited that the concept of a tenant not losing the protection of the Rent Acts for his occupation of the dwelling house as his residence, although he is not himself in physical occupation, was designed to ensure protection notwithstanding those absences which are consistent with the tenant retaining and intending to retain the dwelling house as his residence and not, where for example the tenant’s absence is because he is merely making money by sub-letting …. It is also clear to my mind that the continuing intention to return to occupy the premises at some later date is not by itself sufficient to constitute occupation of the dwelling house as his residence if the tenant has left no sufficient physical sign of that intention. It may be that in some circumstances furniture will serve as such a visible sign, particularly if the tenant leaves also those personal possessions such as books, pictures and ornaments, which are capable of indicating that a tenant is still treating the premises as his home. There is no principle of law which says that the mere presence of furniture, consistent with an ordinary furnished letting at market rent could serve for that purpose.’

Judges:

Ralph Gibson LJ, Staughton LJ

Citations:

[1990] 22 HLR 9

Statutes:

Rent Act 1977 12

Jurisdiction:

England and Wales

Cited by:

Cited – Ujima Housing Association v Ansah and Another CA 17-Oct-1997
The tenant had created a sub tenancy, the result of which was that he no longer had any right to enter upon the property unless the sub-tenant surrendered his lease.
Held: The tenant could not be said properly to be in occupation of the . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 06 May 2022; Ref: scu.220480

Regina v Islington London Borough Council ex parte Hinds: 1995

Citations:

[1995] 28 HLR 302

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v The London Borough of Newham Ex Parte Qureshi Admn 18-Sep-1997
The applicant, and her children, had lived in England, but returned to Pakistan for six months. On their return they first lived with their parents, but then sought housing as homeless. She appealed the finding that she was intentionally homeless. . .
Cited – Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 06 May 2022; Ref: scu.183490

Regina v Lambeth London Borough Council, ex parte Ashley: 1996

Citations:

(1996) 29 HLR 385

Jurisdiction:

England and Wales

Cited by:

Cited – Ahmad, Regina (on the Application of) v London Borough of Newham HL 4-Mar-2009
The claimant wished to be rehoused by the defendant authority. He complained that their allocations policy was unlawful. Once an applicant was deemed in priority need, he entered a pool if such persons and houses were allocated (save in extreme . .
Approved – London Borough of Lambeth v A CA 23-Jul-2002
The court considered the lawfulness of the defendant authority’s housing policy. Collins J said: ‘Unless it is clear that no applicants who are not entitled to preference are able to compete on equal terms with those who are, the scheme cannot . .
Cited – Ahmad, Regina (on the Application of) v London Borough of Newham HL 4-Mar-2009
The claimant wished to be rehoused by the defendant authority. He complained that their allocations policy was unlawful. Once an applicant was deemed in priority need, he entered a pool if such persons and houses were allocated (save in extreme . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 02 May 2022; Ref: scu.314326

Dellenty v Pellow: 1951

The payment off of arrears of rent will not necessarily prevent an order for possession being made where there is a history of arrears and poor payment.

Citations:

[1951] 2 KB 858, [1951] 2 All ER 716

Jurisdiction:

England and Wales

Cited by:

Cited – Paddington Churches Housing Association Ltd v Sharif CA 27-Jan-1997
The landlord had obtained a possession order against its secure tenant. The tenant had left to go to Egypt, and had been in arrears of rent. The tenancy obliged the tenant to occupy the prperty as his main residence. The landlord re-let the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Housing

Updated: 01 May 2022; Ref: scu.239720

Regina v Westminster City Council ex parte M: 1997

Citations:

(1997) 1 CCLR 85

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (on the Application of Mani) v London Borough of Lambeth CA 9-Jul-2003
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing, Immigration

Updated: 29 April 2022; Ref: scu.185835

Regina v Canterbury City Council ex parte Gillespie: 1986

Citations:

[1986] 19 HLR 7

Jurisdiction:

England and Wales

Cited by:

Cited – Conway, Regina (on the Application of) v Mayor and Burgesses of the Borough of Charnwood Admn 17-Jan-2002
The applicant sought to be placed on the defendant borough’s rehousing list. She was disabled with four dependant children. She had family who would be able to help her if she moved. Before her appeal was heard the Borough changed its policy to . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 29 April 2022; Ref: scu.182198

Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001

The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel within the authority district was sufficient.

Judges:

Mr Jack Beatson, QC

Citations:

Times 15-Nov-2001

Statutes:

Children Act 1989 17(1)(a), Housing Act 1996 190

Jurisdiction:

England and Wales

Citing:

Cited – Regina v London Borough of Lambeth ex parte Caddell Admn 9-Jun-1997
When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. . .
Cited – Regina v Kent County Council, Ex parte Salisbury and Pierre Admn 19-May-1999
Continuing duties of local authrity to children who have been in care on attaining majority. . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 28 April 2022; Ref: scu.166809

Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar: CA 25 Jun 1996

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 refusal of the assistance was allowed. Deprivation of asylum seekers of benefits made them vulnerable and in housing need. Case law suggested that the ejusdem generis rule should not be applied in construing the section so as to restrict its application.

Judges:

Simon Brown, Waite, Neill LJJ

Citations:

Times 10-Jul-1996, Independent 03-Jul-1996, [1996] 29 HLR 147

Statutes:

Housing Act 1988 59(1)(c), Social Security (Persons from Abroad) Miscellaneous Amendment Regulations 1996 30

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar QBD 1-May-1996
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. . .
Doubted – Ortiz v City of Westminster CA 1994
The applicant was a twenty four year old woman with a history of drug addiction and alcoholism. There was in fact suitable hostel accommodation available which had been offered to the applicant at the relevant time and it was hard to see why she . .
Approved – Wilson v Nithsdale District Council 1992
An eighteen year old girl had been sexually assaulted, was unable to return home, had been expelled from a hostel for suspected theft and was said to be at risk of further sexual assault if not provided with suitable accommodation. She sought . .

Cited by:

Cited – Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
Cited – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Lists of cited by and citing cases may be incomplete.

Immigration, Housing

Updated: 28 April 2022; Ref: scu.87058

Regina v Westminster London Borough Council ex parte Al-Khorsan: QBD 14 Dec 1999

Having set aside a number of houses for the homeless, the local authority then failed, when allocating places, to consider the remaining and relevant statutory tests for deciding who should get what place.
Held: The statutory criteria remained relevant, and the homelessness as such was not sufficiently serious to overwhelm other considerations. The policy was unlawful.

Judges:

Latham J

Citations:

Times 21-Jan-2000, [1999] EWHC 835 (Admin), (2001) 33 HLR 6

Links:

Bailii

Statutes:

Housing Act 1996 Part VI

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 28 April 2022; Ref: scu.88705

Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018

The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’

Citations:

[2018] EWHC 1996 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, European, Local Government, Licensing

Updated: 26 April 2022; Ref: scu.621440

Lomax v Gosport Borough Council: CA 1 Aug 2018

The court was asked whether Gosport BC correctly applied sections 175 and 177 of the 1996 Act in concluding that it was reasonable for a severely disabled applicant for housing to continue to occupy her accommodation.

Citations:

[2018] EWCA Civ 1846

Links:

Bailii

Statutes:

Housing Act 1996 175 177

Jurisdiction:

England and Wales

Housing

Updated: 25 April 2022; Ref: scu.620606

Sambotin, Regina (on The Application of) v The London Borough of Brent: CA 31 Jul 2018

Reasons for dismissal of claim – whether a local housing authority can reconsider its determination of an applicant’s eligibility for assistance under Part VII of the 1996 Act after it has made a ‘local connection’ referral to another authority.

Citations:

[2018] EWCA Civ 1826

Links:

Bailii

Statutes:

Housing Act 1996

Jurisdiction:

England and Wales

Housing

Updated: 25 April 2022; Ref: scu.620477

XPQ v The London Borough of Hammersmith and Fulham: QBD 7 Jun 2018

The claimants said that the defendant housing authority had failed in its duties toward her as a victim of sex trafficking to provide her with accommodation as a homeless person.
Held: The claim failed.

Judges:

Langstaff J

Citations:

[2018] EWHC 1391 (QB), [2018] WLR(D) 349

Links:

Bailii

Statutes:

Parliament and Council Directive 2011/36/EU

Jurisdiction:

England and Wales

European, Local Government, Housing

Updated: 25 April 2022; Ref: scu.620077

TW and Others, Regina (on The Application of) v London Borough of Hillingdon and Another: Admn 13 Jul 2018

The Claimants challenged the Social Housing Allocation Policy of the Borough in so far as it provided: (1) a condition that only households with at least 10 years’ continuous residence in-borough qualify to join the three welfare-based bands (A-C) of its housing register; (2) #additional preference for such households who are in Bands C and B of the housing register, and (3) additional preference for those in Bands C and B who are working households on low income.

Citations:

[2018] EWHC 1791 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing

Updated: 25 April 2022; Ref: scu.619928

Hexlink Ltd T/A Excel Property v London Borough of Camden: FTTGRC 12 Jun 2018

Professional Regulation – failure to publicise details of the client money protection scheme

Citations:

[2018] UKFTT PR – 2017 – 0041

Links:

Bailii

Statutes:

Consumer Rights Act 2015 83(6)

Jurisdiction:

England and Wales

Consumer, Landlord and Tenant, Housing

Updated: 24 April 2022; Ref: scu.618879

Station Estates v London Borough of Newham v London Borough of Newham: FTTGRC 9 Jan 2018

Professional Regulation – appeals against a penalty charge of 10,000 pounds related to failure to publicise details of fees and a client money protection statement

Citations:

[2018] UKFTT PR – 2017 – 0024

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618867

Yasir and Co Ltd v London Borough of Newham: FTTGRC 21 Mar 2018

appeal against a Final Notice in which the Council imposed a financial penalty on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.

Citations:

[2018] UKFTT PR – 2017 – 0031

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618872

Lets4U v North Kesteven District Council: FTTGRC 29 May 2018

Professional Regulation – failure to belong to redress scheme

Citations:

[2018] UKFTT PR – 2017 – 0050

Links:

Bailii

Statutes:

Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc. (England) Order 2014

Jurisdiction:

England and Wales

Housing, Consumer

Updated: 24 April 2022; Ref: scu.618877

Witney Properties Ltd v West Oxfordshire District Council: FTTGRC 15 Feb 2018

Appeal against a Final Notice imposing a financial penalty of 5,000 pounds on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.
Held: Refused

Citations:

[2018] UKFTT PR – 2017 – 0016

Links:

Bailii

Statutes:

Consumer Rights Act 2015 Sch 9

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618868

Silks Estates (Yorkshire) Ltd v Leeds City Council: FTTGRC 21 Mar 2018

Appeal against a Final Notice in which the Council imposed a financial penalty of 2,500 pounds on the Appellant company for undertaking property management or letting agency work without being a member of a government approved redress scheme.
Held: Penalty increased

Citations:

[2018] UKFTT PR – 2017 – 0043

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618870

The Vita Property Group v London Borough of Camden: FTTGRC 19 Apr 2018

Professional Regulation – alleged failure to publish full details of agents tenant fees on their website and details of agents landlord fees on their website

Citations:

[2018] UKFTT PR – 2017 – 00045

Links:

Bailii

Statutes:

Consumer Rights Act 2015 83

Jurisdiction:

England and Wales

Consumer, Housing

Updated: 24 April 2022; Ref: scu.618876

Baraka, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 Jun 2018

The Claimant seeks to challenge the failure of the Defendant to provide him with accommodation under section 4 of the Immigration and Asylum Act 1999 so as to enable his release on bail from immigration detention.

Citations:

[2018] EWHC 1549 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, Immigration

Updated: 24 April 2022; Ref: scu.618414

McDonagh, Regina (on The Application of) v London Borough of Enfield: Admn 24 May 2018

Claim for damages for breach of Article 8 of the European Convention on Human Rights arising out of alleged breaches of statutory duty under Part VII of the Housing Act 1996.

Citations:

[2018] EWHC 1287 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, Human Rights

Updated: 23 April 2022; Ref: scu.618117

Worthington and Another v Metropolitan Housing Trust Ltd: CA 17 May 2018

Appeal by the defendant housing association against a judgment holding that the Association had unlawfully harassed two of its tenants contrary to s1 of the 1997 At.

Judges:

Kitchin LJ, Rose J

Citations:

[2018] EWCA Civ 1125

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 1

Jurisdiction:

England and Wales

Housing, Torts – Other

Updated: 22 April 2022; Ref: scu.616342

WB v W District Council: CA 26 Apr 2018

The Court was asked whether and when n a person who is homeless and suffers from mental illness may apply for housing under Part VII of the Housing Act 1996 (‘HA 1996’).

Judges:

Arden, Lewison, Asplin :JJ

Citations:

[2018] EWCA Civ 928, [2018] WLR(D) 256

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Housing

Updated: 20 April 2022; Ref: scu.614919

YA v London Borough of Hammersmith and Fulham: Admn 27 Jul 2016

Claim by way of judicial review challenging the Defendant’s decision to refuse to enter the Claimant on the Defendant’s housing register.
Held:

Judges:

Marquand DHCJ

Citations:

[2016] HLR 39, [2016] EWHC 1850 (Admin)

Links:

Bailii

Statutes:

Rehabilitation of Offenders Act 1974 4(1)

Jurisdiction:

England and Wales

Cited by:

Overruled – Hussain and Others v The London Borough of Waltham Forest CA 19-Nov-2020
Facts of Spent Conviction Admissible at Common Law
The claimants sought licenses to manage houses in multiple occupation, but were refused, the council relying on spent convictions. The claimants sought summarily to strike out those parts of the pleadings referring to the spent convictions.
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 12 April 2022; Ref: scu.567658

Family Housing Association v Jones: CA 1990

The association as licensee of a local authority granted what was described as a licence to the defendant to occupy premises on a temporary basis.
Held: The court found that a licence granted to satisfy a housing duty was a tenancy.
Slade LJ rejected an argument that there existed special circumstances whereby the defendant, albeit in exclusive possession of the premises, was not a tenant.

Judges:

Balcombe LJ, Farquarson LJ, Slade LJ

Citations:

[1990] 1 WLR 779

Jurisdiction:

England and Wales

Cited by:

Cited – National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd CA 18-Oct-2001
The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 12 April 2022; Ref: scu.216560

Regina v Westminster City Council ex parte N’Dormadingar: QBD 14 Oct 1997

The failure of the applicant to make proper preparations for a house move is a proper consideration when assessing intentional homelessness.

Judges:

Lightman J

Citations:

Times 20-Nov-1997

Statutes:

Housing Act 1988 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 intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 10 April 2022; Ref: scu.88293

Regina v Newham London Borough Council Ex Parte Smith: QBD 11 Apr 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 is prepared to review its decision in that regard should the delay in its investigations under Section 62 be prolonged in such a way as to call for a reconsideration of its decision on referral.’

Judges:

Sir Louis Blom Cooper QC

Citations:

Times 11-Apr-1996, [1996] 29 HLR 213

Statutes:

Housing Act 1985 Part III

Cited by:

Cited – Ealing London Borough Council v Surdonja etc CA 21-Jan-2000
When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 09 April 2022; Ref: scu.87434

Regina v Northavon District Council ex parte Smith: HL 18 Jul 1994

Local Authority is under no obligation to provide permanent housing for a family with children save as provided under the Act. The Children Act not to be used as a way around homelessness decisions and rules. A Social Services request to house children did not revive any claim made on behalf of the family as a whole. A child without accommodation is a child in need.

Judges:

Lord Templeman

Citations:

Gazette 19-Oct-1994, Independent 21-Jul-1994, Times 18-Jul-1994

Statutes:

Housing Act 1985 Part III, Children Act 1989 22 27

Citing:

Appeal from – Regina v Northavon District Council, ex parte Smith CA 4-Aug-1993
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless. . .

Cited by:

Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Housing, Children

Updated: 09 April 2022; Ref: scu.87471

Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995

A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still sustainable, but by the 1960 Act, local authorities were given power to close the commons to travellers. This they did with great energy, but made no use of the concomitant power given to them by s24 to open caravan sites to compensate for the closure of the commons. By the 1968 Act, Parliament legislated to make the s24 power a duty, resting in rural areas upon county councils rather than district councils (although the latter continued to possess the power to open sites). For the next quarter of a century there followed a history of non-compliance with the duties imposed by the Act of 1968, marked by a series of decisions of this court holding local authorities to be in breach of their statutory duty, to apparently little practical effect. The default powers vested in central government, to which the court was required to defer, were rarely if ever used. Sedley J: ‘Those considerations in the material paragraphs (of the Circular [on Gypsy Site Policy]) which are not statutory are considerations of common humanity, none of which can be properly ignored when dealing with one of the most fundamental human needs, the need for shelter with at least a modicum of security.’

Judges:

Sedley J

Citations:

Independent 03-Oct-1995, (1995) 8 Admin LR 529, [1997] JPL 65

Statutes:

Criminal Justice and Public Order Act 1994 77 78 79, Caravan Sites and Control of Development Act 1960 23, Caravan Sites Act 1968

Cited by:

Cited – 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 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 . .
Cited – Coates and others v South Buckinghamshire District Council CA 22-Oct-2004
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Regina v Kerrier District Council, ex parte Uzell Blythe and Sons 1996
The court referred to the decision of Sedley J in Atkinson adding: ‘As consideration of common humanity, they had to be equally applicable to decisions in relation to enforcement actions.’ . .
Cited – JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council Admn 11-Apr-2006
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and . .
Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Planning

Updated: 09 April 2022; Ref: scu.87186

Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar: QBD 1 May 1996

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 and Chelsea Royal London Borough Ex Parte Kihara; Similar CA 25-Jun-1996
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 . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 09 April 2022; Ref: scu.87060

Regina v Harrow London Borough Council Ex Parte Carter: QBD 25 Nov 1992

The applicant had sold her home and moved to Harrow with her four children, living with her sister. She became unintentionally homess and had priority need, applying to Harrow for accomodation. Harrow said that under their policy she retained her local connection with Camden, and refused assistance beyond referring her to Camden.
Held: The applicant had a possible case for special assistance under section 61 so as to establish a local connection with Harrow. The discretion given to local authorities under section 67(1) could not be disclaimed under a strict policy. They had to consider each individual case, and the policy had to allow exceptions.
Mr Roger Henderson QC said ‘I have seen no evidence of a decision focusing upon the respondents’ discretion under section 67 of the Act whether or not in all the circumstances of Mrs Carter’s case to refer her to Brent. Instead, although for reasons to which I will come I am sure that the respondents’ senior officers in the housing department and its members were well aware that such a reference was discretionary and not mandatory, there is persuasive evidence that the reference to Brent was made as an automatic and unreviewed consequence of the decision that Mrs. Carter had no local connection and had not established special circumstances. I refer to this because although the reference to Brent led to nothing and it not the subject of judicial review, yet it is a significant feature in the history of this case which points to a similar unlawful approach in the decision-making when the reference to the London Borough of Camden occurred a month later.’

Judges:

Mr Roger Henderson QC

Citations:

Gazette 25-Nov-1992, (1992) 26 HLR 32

Statutes:

Housing Act 1985 61 67(1)

Cited by:

Cited – Regina v East Devon District Council ex parte Robb Admn 4-Dec-1997
. .
Cited – Regina v London Borough of Ealing ex parte Anthony Fox Admn 9-Feb-1998
. .
Lists of cited by and citing cases may be incomplete.

Housing, Administrative

Updated: 09 April 2022; Ref: scu.86817

Regina v Greenwich London Borough Council, Ex Parte Patterson: QBD 27 May 1993

A council should satisfy itself by making more enquiries about suggestions of domestic violence before transferring a claimant to another authority. The granting of leave to move for a judicial review does not preclude the respondent from objecting that the application has been made out of time. (Obiter)

Judges:

Evans LJ

Citations:

Times 20-Jul-1993, Times 27-May-1993, (1993) 26 HLR 159

Statutes:

Housing Act 1985 67(4)

Cited by:

Cited – Regina v Criminal Injuries Compensation Board Ex Parte A HL 11-Mar-1999
A police doctor’s statement in a contemporary medical report that her findings were consistent with the claimant’s allegation had not been included in the evidence before the CICB when it rejected her claim for compensation.
Held: The decision . .
Lists of cited by and citing cases may be incomplete.

Housing, Judicial Review

Updated: 09 April 2022; Ref: scu.86768

Regina v Brent London Borough Council, Ex Parte Awua: QBD 1 Jul 1993

A person refusing an offer of permanent accommodation was intentionally homeless.

Citations:

Times 01-Jul-1993

Statutes:

Housing Act 1985 Part III

Cited by:

Appeal from – Regina v Brent London Borough Council Ex Parte Awua CA 31-Mar-1994
Temporary housing may be treated as being settled, so an abandonment of it may be intentional homelessness.
The applicant had been accepted by Tower Hamlets as unintentionally homeless and in priority need, and given temporary accommodation. . .
At first instance – Regina v Brent London Borough Council Ex Parte Awua HL 6-Jul-1995
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 . .
At First Instance – Regina (on the application of) Awua v Brent London Borough Council HL 6-Jul-1995
Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 09 April 2022; Ref: scu.86196