Category: housing

Wragg and others v Surrey County Council – WLR Daily

Posted February 6th, 2008 in housing, law reports, right to buy by sally

Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29

“Whether an employee occupied a dwelling-house provided by the employer ‘for the better performance of his duties’ within the meaning of para 2(1) of Sch 1 to the Housing Act 1985, so as not to be entitled to purchase the freehold of the house, was to established by applying an objective test.”

WLR Daily, 5th February 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.

R (Maloba) v Waltham Forest London Borough Council – WLR Daily

Posted December 7th, 2007 in homelessness, housing, law reports by sally

R (Maloba) v Waltham Forest London Borough Council

“On the proper construction of s 175(3) of the Housing Act 1985, the phrase ‘accommodation which it would be reasonable .. to continue to occupy’ was to be read as ‘to occupy or continue to occupy’. Such an interpretation avoided the creation of a distinction between a person with unfit accommodation available to him who was living in it and one who was not. Furthermore, the matters to be considered in deciding whether it was reasonable to expect an applicant to occupy accommodation available to him were not limited to the size and structural quality of the accommodation.”

WLR Daily, 5th December 2007

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.

Raglan Housing Association Ltd v Fairclough – Times Law Reports

Posted November 28th, 2007 in housing, law reports by sally

Raglan Housing Association Ltd v Fairclough

Court of Appeal

“A landlord could rely upon the commission of an indictable offence before a person took up a tenancy to obtain possession of the demised property under ground 14 of Schedule 2 to the Housing Act 1988, as amended by section 14 of the Housing Act 1996.”

The Times, 28th November 2007

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

Lawntown Ltd v Camenzuli and Another – Times Law Reports

Posted November 14th, 2007 in housing, law reports, restrictive covenants by sally

Court must not be swayed by council approval

Lawntown Ltd v Camenzuli and Another

Court of Appeal

“When exercising its discretion whether to vary a restrictive covenant to permit conversion of a single dwellinghouse into flats where planning permission had been granted, the court had to carry out its own balancing exercise and not be swayed by the fact that the planning authority had already granted permission.”

The Times, 14th November 2007

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.

Harouki v Kensington and Chelsea London Borough Council – Times Law Reports

Posted November 12th, 2007 in homelessness, housing, law reports by sally

Unlawful housing reasonable

Harouki v Kensington and Chelsea London Borough Council

Court of Appeal

“Where a tenant applied to be treated as homeless because where she lived with her family was statutorily overcrowded, and occupation of such accommodation was a summary offence under section 327 of the Housing Act 1985, the housing authority was entitled to conclude, having regard to local conditions, that it would not be unreasonable for the family to stay there.”

The Times, 12th November 2007

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.

Wandsworth London Borough Council v Randall – WLR Daily

Posted November 8th, 2007 in housing, law reports by sally

Wandsworth London Borough Council v Randall [2007] EWCA Civ 1126

“Where a council sought an order for possession of a dwelling house let under a secure periodic tenancy under ground 16 of Pt III of Sch 2 to the Housing Act 1985, on the basis that accommodation was more extensive than was reasonably required by the tenant who had succeeded to the tenancy on the death of the original tenant, the relevant date for determining the composition of the successor tenant’s family was not the date of succession, but the date of the possession hearing.”

WLR Daily, 7th November 2007

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.

Westminster City Council v Boraliu – WLR Daily

Posted November 5th, 2007 in housing, law reports by sally

Westminster City Council v Boraliu

“The tenancy of a dwelling house granted by the local authority to a homeless person in priority need did not confer a secure tenancy on the tenant even though the local authority had originally taken over a lease of the dwelling house from a private housing association for the purpose of letting it to persons in priority need of housing accommodation.”

WLR Daily, 5th November 2007

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.

National Trust in houses land row – BBC News

Posted November 5th, 2007 in environmental protection, housing, news by sally

“The National Trust has said it would fight the government to protect the countryside from housing development.”

Full story

BBC News, 3rd November 2007

Source: www.bbc.co.uk

Raglan Housing Association Ltd v Alex Patrick Fairclough – WLR Daily

Posted November 2nd, 2007 in housing, law reports by sally

Raglan Housing Association Ltd v Alex Patrick Fairclough 

“Where a person was arrested for indictable offences occurring before taking up a tenancy and was convicted of them during the course of the tenancy, the landlord was entitled to a possession order under ground 14 of Schedule 2 to the Housing Act 1988.” 

WLR Daily, 2nd November 2007

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.

Human rights chief to investigate “anti-white bias” in council housing – The Times

Posted November 2nd, 2007 in housing, immigration, news, race discrimination by sally

“A new inquiry into whether immigrants jump council housing queues was announced by Trevor Phillips yesterday as the row over immigration policy intensified.”

Full story

The Times, 2nd November 2007

Source: www.timesonline.co.uk

Lawntown Ltd v Camenzuli and another – WLR Daily

Posted October 12th, 2007 in housing, law reports, restrictive covenants by sally

Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949

“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”

WLR Daily, 10th October 2007

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: encouraging responsible letting – Law Commission

Posted July 13th, 2007 in housing, press releases by sally

“On 12 July we published a consultation paper dealing with issues of how to promote responsible behaviour by landlords, and control anti-social behaviour by tenants in the private sector.”

Housing: encouraging responsible letting 

Law Commission, 12th July 2007

Source: www.lawcom.gov.uk

R (Abdi) v Lambeth London Borough Council – Times Law Reports

Posted July 11th, 2007 in housing, law reports by sally

Official can decide twice

R (Abdi) v. Lambeth London Borough Council

Queen’s Bench Division

“A local authority housing officer who had refused a homeless person’s application for housing could also decide her application for temporary accommodation pending appeal.”

The Times, 11th July 2007

Source: www.timesonline.co.uk

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

Shala v Birmingham City Council – Times Law Reports

Posted July 6th, 2007 in housing, law reports by sally

Councils must not shelter behind doctors

Shala v. Birmingham City Council

Court of Appeal

“Local authorities had to take care not to appear to be using professional medical advisers simply to provide or shore up their reasons to refuse applicants’ applications for housing as persons in priority need.”

The Times, 6th July 2007

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   

Islington London Borough Council v. Honeygan-Green – Times Law Reports

Posted June 29th, 2007 in housing, law reports by sally

Status of tolerated trespasser

Islington London Borough Council v. Honeygan-Green

Queen’s Bench Division

“A council tenant could not exercise her right to buy her home if she fell into rent arrears before making the purchase but after the right had been granted. Even if the arrears were later paid off, she had to make a fresh application.”

The Times, 29th June 2007

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 v. Passmore – Times Law Reports

Posted June 28th, 2007 in housing, law reports, social security by sally

Notification was note required

Regina v. Passmore

Court of Appeal (Criminal Division)

“A person in receipt of housing or council tax benefit was not obliged to disclose a change in his circumstances to the prescribed benefits officer if that change did not affect any entitlement to his benefit under the social security legislation.”

The Times, 28th June 2007

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. 

Contour Homes Ltd. v. Rowen – WLR Daily

Posted June 28th, 2007 in housing, law reports, rent by sally

Contour Homes Ltd. v. Rowen

“Where an assured tenancy agreement contained a clause providing the machinery for the increase of the rent the landlord was not required to comply with the rent review procedure set out by s 13 of the Housing Act 1988.”

WLR Daily, 26th June 2007

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 v. Passmore – WLR Daily

Posted June 20th, 2007 in housing, law reports, social security by sally

R v. Passmore

“If a change in a person’s circumstances did not affect any entitlement of his to any benefit under the social security legislation there was no obligation to disclose that change to the prescribed person.”

WLR Daily, 18th June 2007

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.

Omar v. Birmingham City Council – Times Law Reports

Posted June 12th, 2007 in housing, law reports by sally

Housing authority need not state the obvious that the offer is final

Omar v. Birmingham City Council

Court of Appeal 

“It was not necessary for a letter offering accommodation in discharge of a local housing authority’s duty under the Housing Act 1996 to a person with priority need who was not intentionally homeless to state in so many words that the letter was “a final offer for the purposes of section 193(7)” where it was clear that it was a final offer.”

The Times, 12th June 2007

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.

London Borough of Islington v. Honeygan-Green – WLR Daily

Posted June 6th, 2007 in housing, law reports by sally

London Borough of Islington v. Honeygan-Green

“Where the determination of a secure tenancy by the granting of a possession order had brought to an end an existing application under the Housing Act 1985 which had established the right to buy at a particular time and a particular price, that application was not capable of being revived once the tenancy itself had been revived.”

WLR Daily, 25th May 2007

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.