housing – Page 84 – Current Awareness

Boreh v Ealing London Borough Council – Times Law Reports

Posted November 11th, 2008 in homelessness, housing, law reports by sally

Court of Appeal

“The suitability of accommodation offered by a local authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made at the date of the council’s review decision.”

The Times, 11th November 2008

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.

Council homes for life ‘to be scrapped’ – The Times

Posted November 10th, 2008 in housing, news by sally

“People living in council houses will no longer be entitled to a subsidised tenancy for life under Whitehall proposals to address waiting lists.

The measures are being considered by Margaret Beckett, the new Housing Minister, in the most radical shake-up of the social housing system for decades to ensure that those who deserve council homes get them.”

Full story

The Times, 11th November 2008

Source: www.timesonline.co.uk

Boreh v Ealing London Borough Council – WLR Daily

Posted October 31st, 2008 in homelessness, housing, law reports by sally

Boreh v Ealing London Borough Council [2008] EWCA Civ 1176; [2008] WLR (D) 334

“The suitability of accommodation offered by a local housing authority was not to be judged exclusively by reference to its condition at the time of the offer, but could and should take into account any adaptations or alterations that were proposed to be made. However, in considering the suitability of a house, it was only legitimate to take into account proposals as to adaptations that were made as at the date of the authority’s decision and not right up to the date of the review decision.”

WLR Daily, 30th October 2008

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.

Cantrell v Wycombe District Council – Times Law Reports

Posted October 10th, 2008 in covenants, housing, law reports by sally

Cantrell v Wycombe District Council

Court of Appeal

“An agreement by a housing association with a local authority to house council-nominated tenants in its property was a positive obligation which could not be enforced against a subsequent buyer of the property.”

The Times, 10th October 2008

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 (M) v Slough Borough Council – Times Law Reports

Posted September 5th, 2008 in housing, law reports, medicines, residential care by sally

Regina (M) v Slough Borough Council

House of Lords

“A person’s need for a refrigerator in which to keep his medication was not sufficient to entitle him to residential accommodation.”

The Times, 5th September 2008

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 (Heffernan) v Rent Service – Times Law Reports

Posted August 21st, 2008 in benefits, housing, law reports, rent by sally

Regina (Heffernan) v Rent Service

House of Lords

“Rent officers should not base a local reference rent on too large an area.”

The Times, 20th August 2008

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 (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party – Times Law Reports

Posted August 21st, 2008 in housing, human rights, law reports by sally

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party

Court of Appeal

“A secure tenant, who lost that security when the tenancy was demoted on account of antisocial behaviour, failed in her challenge to the local authority landlord’s internal review procedure for reconsideration of the landlord’s seeking a county court order for possession.”

The Times, 20th August 2008

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.

R (M) v Slough Borough Council – WLR Daily

Posted August 13th, 2008 in housing, law reports, medicines, residential care by sally

R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292

“A person’s need for a refrigerator in which to keep medication did not amount to ‘need of care and attention’ within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation.”

WLR Daily, 12th August 2008

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.

Newport City Council v Charles – Times Law Reports

Posted August 11th, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles

Court of Appeal

“A council tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

The Times, 11th August 2008

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.

R (Heffernan) v Rent Service – WLR Daily

Posted August 4th, 2008 in benefits, housing, law reports, rent by sally

R (Heffernan) v Rent Service; [2008] WLR (D) 279

“Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). ‘A broad geographical area’ was misleading. ‘Neighbourhood’ was similarly not to be interpreted as comprising too large an area. The rent officer’s inquiry was restricted to the ‘facilities and services’ specified in para 4(6)(b).”

WLR Daily, 1st August 2008

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.

Housing and Regeneration Act 2008

Posted July 24th, 2008 in housing, landlord & tenant, legislation, planning by sally

Housing and Regeneration Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted July 23rd, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247

“The restriction imposed by s 89(1) of the Housing Act 1980 on postponing enforcement of a possession order only applied to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.”

WLR Daily, 22nd July 2008

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.

Newport City Council v Charles – WLR Daily

Posted July 22nd, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles; [2008] WLR (D) 245

“A local authority’s right to possession against a person succeeding to a tenancy on the death of a family member other than a spouse on the ground that the accommodation was more than he reasonably required was not an interest in land capable of giving rise to a proprietory estoppel against the tenant. Accordingly, a tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

WLR Daily, 21st July 2008

Source: www.lawreports.co.uk

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

R (Gilboy) v Liverpool City Council – WLR Daily

Posted July 8th, 2008 in housing, human rights, law reports by sally

R (Gilboy) v Liverpool City Council [2008] EWCA Civ 751; [2008] WLR (D) 224

“The internal review procedure for reconsideration by a local housing authority of a decision to terminate a demoted tenancy complied with article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th July 2008

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 (Weaver) v London and Quadrant Housing Trust – Times Law Reports

Posted July 8th, 2008 in housing, judicial review, law reports by sally

Regina (Weaver) v London and Quadrant Housing Trust

Queen’s Bench Divisional Court

“The management and allocation of housing stock by a registered social landlord was a function of a public nature, so that it was amenable to judicial review and regarded as a public authority for the purposes of the Human Rights Act 1998.”

The Times, 8th July 2008

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.

Merton London Borough Council v Jones – Times Law Reports

Posted July 3rd, 2008 in housing, law reports, mesne profits by sally

Merton London Borough Council v Jones

Court of Appeal

“A tolerated trespasser was liable to pay mesne profits for overstaying in his former dwelling only up to the time he had decided to give up possession and removed his belongings, even if he had retained the keys and told the landlord of his decision much later.”

The Times, 3rd July 2008

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.

R (Weaver) v London and Quadrant Housing Trust – WLR Daily

Posted June 26th, 2008 in housing, judicial review, law reports by sally

R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207

“The management and allocation of housing stock by a housing trust which was a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, was a function of a public nature, with the effect that the registered social landlord was to regarded as a public authority in that respect for the purposes of s 6(3)(b) of the Human Rights Act 1998. The registered social landlord was accordingly amenable to judicial review on conventional public law grounds in respect of its performance of that function.”

WLR Daily, 25th June 2008

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.

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) – WLR Daily

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] WLR (D) 205

“A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant without a disability who had similarly sublet the premises would have been treated in exactly the same way as the tenant with a disability.”

WLR Daily, 25th June 2008

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.

Lewisham London Borough Council v Malcolm – Times Law Reports

Posted June 26th, 2008 in disability discrimination, housing, law reports by sally

Lewisham London Borough Council v Malcolm

House of Lords

“A disabled person who was being evicted from his council flat because he had sublet the flat in breach of the terms of his tenancy and had moved elsewhere, was not being evicted for a reason which related to his disability nor was he being treated less favourably than others who were not disabled. He was therefore not suffering discrimination.”

The Times, 26th June 2008

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.

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

Posted June 24th, 2008 in benefits, housing, law reports, right to buy by sally

Hanoman v Southwark London Borough Council (No 2)

Court of Appeal

“Once a council tenant had served upon a council an operative notice of delay under the statutory right-to-buy scheme, rent paid by way of housing benefit counted towards the purchase price payable by the tenant for the council property.”

The Times, 24th June 2008

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.