Housing case law - Rightsnet

3 April, 2023

Round-up of recent Upper Tribunal housing case law

24 March, 2023

Court of Appeal rules that councils failed to adequately comply with duties to accommodate two homeless households as close as possible to their areas when making out of borough private rented sector offers

Zaman v London Borough Of Waltham Forest [2023] EWCA Civ 322

22 March, 2023

Court of Appeal rules that section 233 of the Local Government Act 1972 applies in relation to notices served under section 83ZA of the Housing Act 1985

Birmingham City Council v Bravington [2023] EWCA Civ 308

1 March, 2023

Supreme Court rules that a Rent Repayment Order cannot be made against a superior landlord

Rakusen (Respondent) v Jepsen and others (Appellants) [2023] UKSC 9

1 March, 2023

Round-up of recent Upper Tribunal housing case law

10 February, 2023

High Court rules that a council did not breach section 188(1) Housing Act 1996 obligations by failing to offer a disabled applicant suitable interim accommodation pending determination of his application for a long-term move

Yabari, R (On the Application Of) v The Lord Mayor [2023] EWHC 185 (Admin)

8 February, 2023

Supreme Court rules that a provision enabling discretionary changes to calculation of service charges in a residential lease is not invalidated by section 27A (6) of the Landlord and Tenant Act 1985

Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2023] UKSC 6

3 February, 2023

High Court cancels debtor’s mental health crisis moratorium and temporarily restrains her from seeking a further moratorium to allow creditor time to enforce judgment debt

Kaye v Lees (2023) EWHC 152 (KB)

2 February, 2023

Court of Appeal rules that a notice to increase the rent of a periodic tenancy with a start date that was not compliant with section 13 of the Housing Act was invalid

Mooney v Whiteland [2023] EWCA Civ 67

1 February, 2023

Court of Session rules that obligation to secure suitable interim accommodation under the Housing (Scotland) Act 1987 may be met even where the accommodation does not meet the special needs of individual household members in all respects

Glasgow City Council v X [2023] CSIH 7

1 February, 2023

Round-up of recent Upper Tribunal housing case law

20 January, 2023

High Court rules that an allocation scheme that excludes those otherwise entitled to a ‘reasonable preference’ is lawful, provided it is done by reference to a factor or factors of general application

Khayyat & Anor v Westminster City Council [2023] EWHC 30 (Admin)

9 January, 2023

High Court rules that council’s decision to end temporary accommodation funded under Care Act 2014 provisions was not unlawful where claimant fell under Housing Act 1996 scheme

Campbell, R (On the Application Of) v London Borough of Ealing [2023] EWHC 10 (Admin)

3 January, 2023

High Court rules that council’s housing allocation policy unlawfully discriminated against women fleeing domestic abuse or violence

TX, R (On the Application Of) v Adur District Council [2022] EWHC 3340 (Admin)

3 January, 2023

Round-up of recent Upper Tribunal housing case law

23 December, 2022

High Court dismisses claim by tenant seeking to move from accommodation provided after Grenfell fire, holding that council’s delay in finding suitable alternative accommodation was not unlawful

EL, R (On the Application Of) v The Royal Borough of Kensington And Chelsea [2022] EWHC 3185 (Admin)

22 December, 2022

High Court rules that long leaseholder was entitled to damages for breach of lease when landlord changed flat below to bar/restaurant

Dunward Properties Ltd v Isaac [2022] EWHC 3276 (Ch)

2 December, 2022

Round-up of recent Upper Tribunal housing case law

21 November, 2022

High Court rules that council acted unlawfully by refusing DFG application for a stairlift as a contingency to be used if an existing lift adaptation broke down

Gulrez, R (On the Application Of) v London Borough of Redbridge [2022] EWHC 2908 (Admin)