Category: housing

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted August 5th, 2009 in housing, judicial review, law reports, repossession by sally

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening [2009] EWCA Civ 852; [2009] WLR (D) 280

“In a claim by a public landlord for a possession order against its demoted tenant, the jurisdiction of the county court was limited to considering whether the procedure for bringing the possession claim had been complied with and to making or declining to make the possession order; it had no power to review the decision of the review panel of the public landlord as to whether the decision was proportionate or compatible with the tenant’s human rights.”

WLR Daily, 3rd August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Central Bedfordshire Council v Housing Action Zone Ltd and Others – Times Law Reports

Posted July 23rd, 2009 in housing, law reports by sally

Central Bedfordshire Council v Housing Action Zone Ltd and Others

Court of Appeal

“On a judicial review of the reasonableness of a local authority’s decision to seek possession of land with unauthorised occupiers, the county court could look at a series of decisions including one made at the time of the hearing. If any one of the series could be shown to be unreasonable it could be challenged. The court should go beyond the pure rationality test.”

The Times, 23rd July 2009

Source: www.timesonline.co.uk

Government Response to Law Commission’s Report on Housing – Ministry of Justice

Posted July 17th, 2009 in housing, press releases, reports by sally

“Justice Minister Bridget Prentice has made a statement about the government response to the Law Commission’s Report on Housing: Proportionate Dispute Resolution.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

The Law Commission welcomes the Government’s response to its report on housing disputes – Law Commission

Posted July 17th, 2009 in housing, press releases, reports by sally

“The Law Commission welcomes the Government’s response to its report on housing disputes.”

Full press release

Law Commission, 16th July 2009

Source: www.lawcom.gov.uk

Tenant sues council over asbestos – BBC News

Posted July 9th, 2009 in asbestos, housing, landlord & tenant, news by sally

“A council tenant is planning to sue her local authority following the discovery of asbestos in her south London home.”

Full story

BBC News, 9th July 2009

Source: www.bbc.co.uk

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) – WLR daily

Posted July 8th, 2009 in housing, law reports by sally

Central Bedforshire Council v Housing Action Zone Ltd and others (Secretary of State for Communities and Local Government intervening) [2009] EWCA Civ 613; [2009] WLR (D) 232

“In determining whether a decision by a local authority to seek possession of land where there were unauthorised occupiers was reasonable, the county court could look at a series of decisions taken by the authority including any decision to continue with the proceedings taken at the time of the hearing. Any one of the series could be challenged if shown to be unreasonable. The court should go beyond a pure rationality test and look at facts concerning the personal circumstances of the occupiers known to the local authority at the time of the relevant decision.”

WLR Daily, 3rd July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council – Times Law Reports

Posted July 7th, 2009 in homelessness, housing, law reports, statutory interpretation by sally

Regina (Aweys and Others) v Birmingham City Council; Moran v Manchester City Council

House of Lords

“A local housing authority had been entitled to decide that overcrowded families were homeless but to leave them there in the short term; it was a question of fact what term was too long.”

The Times, 7th July 2009

Source: www.timesonline.co.uk

Birmingham City Council v Ali and others; Moran v Manchester City Council (Women’s Aid Federation of England and another intervening) – WLR Daily

Posted July 2nd, 2009 in homelessness, housing, law reports by sally

Birmingham City Council v Ali and others; Moran v Manchester City Council (Women’s Aid Federation of England and another intervening) [2009] UKHL 36; [2009] WLR (D) 221

“Although it had not been reasonable for families to remain in their current accommodation indefinitely, the local housing authority had been entitled to leave them there in the short term, it being a question of fact whether the period was too long, but the authority had not been entitled to rely on its allocation policy to fulfil its duty. It had not been reasonable for a woman to continue to occupy a women’s refuge indefinitely, and she had accordingly remained “homeless” under the Housing Act 1996.”

WLR Daily, 1st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening) – WLR Daily

Posted June 22nd, 2009 in housing, judicial review, law reports by sally

R (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening) [2009] EWCA Civ 587; [2009] WLR (D) 202

“On the facts of the particular case, a registered social landlord was a hybrid public authority and the act of terminating the tenancy of its assured tenant was not a private act and was susceptible to judicial review.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Posted June 16th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2)

House of Lords

“The requirement that a local authority which had delayed processing a right-to-buy claim should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay applied where the tenant’s rent had been paid for him in the form of housing benefit.”

The Times, 16th June 2009

Source: www.timesonline.co.uk

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Posted June 15th, 2009 in delay, housing, law reports, rent, right to buy by sally

Hanoman v Southwark London Borough Council (No 2) [2009] UKHL 29; [2009] WLR (D) 181

“The requirement that a local authority which had delayed processing a ‘right to buy’ claim under Pt V of the Housing Act 1985 should deduct from the purchase price the purchasing tenant’s rent payments during the period of delay remained applicable where the tenant’s rent had been paid for him in the form of housing benefit.”

WLR Daily, 11th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hammersmith and Fulham London Borough Council v Alexander-David – Times Law Reports

Posted April 14th, 2009 in children, housing, law reports, leases, trusts by sally

Hammersmith and Fulham London Borough Council v Alexander-David

Court of Appeal

“A local housing authority which granted a tenancy to a minor who was homeless and in priority need held the premises in trust for the minor. For as long as the authority was the trustee, it could not lawfully serve a notice to quit on the minor.”

The Times, 13th April 2009

Source: www.timesonline.co.uk

Abused couple lose £100,000 damages – The Times

Posted April 3rd, 2009 in assault, housing, learning difficulties, news, young offenders by sally

“A vulnerable couple who were subjected to savage abuse by a gang of youths have been stripped of their £100,000 damages payout by senior judges.”

Full story 

The Times, 3rd April 2009

Source: www.timesonline.co.uk

Bracknell Forest Borough Council v Green and another – WLR Daily

Posted March 24th, 2009 in housing, law reports by sally

Bracknell Forest Borough Council v Green and another [2009] EWCA Civ 238; [2009] WLR(D) 106

“Where a local housing authority claimed possession of a dwelling house under ground 16 in Sch 2 to the Housing Act 1985 (under-occupation), the suitability of the alternative accommodation offered was relevant to the question whether it was reasonable to make the possession order sought but was not determinative of it. Where the judge below had considered all the relevant circumstances the appellate court should be slow to upset his evaluation of the reasonableness of making a possession order unless it was clear that he had acted under an error of principle or his decision was obviously wrong.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Gargett v Lambeth London Borough Council – Times Law Reports

Posted March 20th, 2009 in benefits, housing, law reports, rent by sally

Gargett v Lambeth London Borough Council

Court of Appeal

“An applicant who had been in receipt of income and housing benefit and had been paid her housing costs had not been deprived of the right to seek discretionary housing payments for arrears of unpaid increased rent on the ground she had already received her housing costs payment.”

The Times, 20th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Banks v Kingston upon Thames London Borough Council – Times Law Reports

Posted March 10th, 2009 in homelessness, housing, law reports by sally

Banks v Kingston upon Thames London Borough Council

Court of Appeal

“A reviewing officer considering an appeal against the refusal of a housing authority of a request for accommodation as a homeless person in priority need should, where he was minded to confirm the refusal on different grounds, give the applicant an opportunity to make further representations.”

The Times, 10th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Ahmad) v Newham London Borough Council – Times Law Reports

Posted March 6th, 2009 in housing, judicial review, law reports by sally

Regina (Ahmad) v Newham London Borough Council

House of Lords

“A scheme for the allocation of council housing which placed all applicants with priority needs, save for a few extreme cases, into one group and allocated any available property to the applicant who had been on the waiting list for the longest period was neither unlawful nor irrational.”

The Times, 6th March 2009

Source: www.timesonline.co.uk

 Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

R (Ahmad) v Newham London Borough Council – WLR Daily

Posted March 5th, 2009 in housing, judicial review, law reports by sally

R (Ahmad) v Newham London Borough Council [2009] UKHL 14; [2009] WLR (D) 78

“A local authority scheme for the allocation of social housing which accorded priority amongst applicants with ‘reasonable preference’ under s 167 of the Housing Act 1996, as amended, according to length of time on the waiting list, rather than relative need, was neither unlawful nor irrational.”

WLR Daily, 4th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Ugiagbe v Southwark London Borough Council – Times Law Reports

Posted February 18th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council

Court of Appeal

“Failure to follow informal advice to go to a local housing authority’s homeless persons unit when threatened with eviction, did not make an applicant intentionally homeless.”

The Times, 18th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Barry v Southwark London Borough Council – Times Law Reports

Posted February 17th, 2009 in housing, law reports, unemployment by sally

Barry v Southwark London Borough Council

Court of Appeal

“When determining whether a person claiming housing assistance had been unemployed for no more than six months and was a worker, a housing authority was entitled to look at his employment record in order to tell whether the work was effective and genuine, and not marginal and ancillary.”

The Times, 17th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.