Housing case law - Rightsnet

27 October, 2023

Court of Appeal upholds High Court ruling that Housing Act 1985 provisions that prevented family member from succeeding to a secure tenancy when tenant was absent due to ill health before her death are lawful

Dudley Metropolitan Council v Mailley [2023] EWCA Civ 1246

2 October, 2023

Round-up of recent Upper Tribunal housing case law

1 September, 2023

Round-up of recent Upper Tribunal housing case law

23 August, 2023

Court of Appeal rules that Waltham Forest’s decision to offer accommodation outside of London to homeless single parent who was subject to benefit cap was not unlawful

Webb-Harnden v London Borough of Waltham Forest [2023] EWCA Civ 1992

23 August, 2023

High Court finds that a council’s decision refusing to place a claimant with severe mental health problems in the highest band of its allocation scheme was lawful

Islam & Anor, R (On the Application Of) v London Borough of Haringey [2022] EWHC 3933 (Admin)

14 August, 2023

Whether the relief duty under section 189B of the Housing Act 1996 had ended by reason of the provision of suitable accommodation and, if so, whether the appellant also was not homeless and was not owed the main housing duty under section 193

Ahamed, R (On the Application Of) v London Borough of Haringey [2023] EWCA Civ 975

1 August, 2023

Round-up of recent Upper Tribunal housing case law

31 July, 2023

Court of Appeal rules that a right to manage company can apply to First-tier Tribunal for determination of a breach of lease under section 168 of the Commonhold and Leasehold Reform Act

Eastpoint Block A RTM Company Ltd v Otubaga [2023] EWCA Civ 879

27 July, 2023

Court of Appeal finds that a room can constitute ‘accommodation’ for the purposes of section 191 of the Housing Act 1996

Hodge v Folkestone and Hythe District Council [2023] EWCA Civ 896

25 July, 2023

High Court finds that local authority had adequately addressed Public Sector Equality Duty in seeking to evict tenant with disability on anti-social behaviour grounds

Reading Borough Council v Tina Holland [2023] EWHC 1902 (Ch)

3 July, 2023

Round-up of recent Upper Tribunal housing case law

9 June, 2023

High Court rules that council acted unlawfully in its assessment of a homeless family’s needs and the suitability of temporary and out of area accommodation

UO v London Borough of Redbridge [2023] EWHC 1355 (Admin)

30 May, 2023

Court of Appeal rules that tenants with shared ownership leases are qualifying tenants for purposes of right to manage even where their interests are less than 100 per cent

Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Company Ltd [2023] EWCA Civ 616

9 May, 2023

High Court in Northern Ireland considers powers of court to make an order for sale or partition of a jointly owned property under Partition Acts and its powers to impose a stay or suspension on any such order

Larmour v Larmour [2023] NICh 4

4 May, 2023

High Court rules that council breached main housing duty owed to a homeless disabled claimant, having housed him for more than three years in accommodation it acknowledged was unsuitable

Jaberi, R (On the Application Of) v City of Westminster (Re Housing Act 1996) [2023] EWHC 1045 (Admin)

2 May, 2023

Court of Appeal dismisses homeless person’s appeal against out of borough placement finding that council had complied with section 208 Housing Act 1996 duty to search for housing as close as possible to their former home

Moge v London Borough of Ealing [2023] EWCA Civ 464

2 May, 2023

Round-up of recent Upper Tribunal housing case law

14 April, 2023

High Court dismisses former Grenfell Tower resident’s challenge to the legality of the allocation policies adopted following the 2017 fire as they relate to separated families

Gomes, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2023] EWHC 778 (Admin)

11 April, 2023

High Court rules that joint tenancy was not unequivocally surrendered when one tenant continued to live in the property and there was no evidence of her surrender

City of Westminster Council v Kazam & Anor [2023] EWHC 825 (KB)