Housing case law - Rightsnet

25 April, 2024

Court of Appeal rules that a council did not breach family’s Article 9 ECHR rights by making suitability decision without placing particular weight on their preference for a single-faith school

Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405

19 April, 2024

High Court finds council breached duty to provide ‘suitable’ interim accommodation having left a family in B&B accommodation for six months before deciding their homelessness application

Pickford, R (On the Application Of) v Sandwell Metropolitan Borough Council [2024] EWHC 756 (Admin)

17 April, 2024

High Court rules widower retained secure tenancy and right to buy despite living elsewhere

Weintraub v London Borough of Hackney [2024] EWHC 845 (Ch)

16 April, 2024

High Court in Northern Ireland considers whether a disabled claimant’s living arrangements satisfied the tenancy condition for an award of a Disabled Facilities Grant

In the matter of an application by (a person under a disability) by her mother and next friend for judicial review [2024] NIKB 24

10 April, 2024

High Court holds that council did not breach Equality Act obligations by failing to carry out remedial works to meet all the needs of a disabled tenant with heightened sensitivity to noise and smell

FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 780 (Admin)

8 April, 2024

High Court rules that council’s housing allocation policy relating to reciprocal transfers is unlawful as it indirectly discriminates against women who need to move to escape violence

AK, R (On the Application Of) v Westminster City Council [2024] EWHC 769 (Admin)

5 April, 2024

Local authority failed to follow its allocation policy in considering tenant’s request for parents who had come from Ukraine to be added to her housing application

Kukhtyak, R (on the application of) v The London Borough of Hounslow [2023] EWHC 2914 (Admin)

5 April, 2024

Court of Appeal considers whether the right of first refusal provided to qualifying tenants under the Landlord and Tenant Act 1987 had priority over the rights of a ‘recalcitrant’ freeholder

Donovan v Prescott Place Freeholder Ltd & Ors [2024] EWCA Civ 298

4 April, 2024

High Court refuses claimant permission to challenge validity of council tax debt recovery methods and the whole council tax charging regime as she had alternative remedies available to do so

Kofa, R (On the Application Of) v Oldham Metropolitan Bolton Council [2024] EWHC 685 (Admin)

4 April, 2024

Court of Appeal finds that where leasehold agreement provided for lessor to pay a 'proportion' of service charge relating to particular estate, landlord was not entitled to apply flat rate charge across all estates

Howe Properties (NE) Ltd v Accent Housing Ltd [2024] EWCA Civ 297

3 April, 2024

Court of Appeal upholds council’s review decision that a one-bedroom flat allocated to a homeless, separated parent was suitable despite evidence of a pending shared care order for his children

Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314

2 April, 2024

Round-up of recent Upper Tribunal housing case law

26 March, 2024

Local authority failed to make effective decision to end duty to provide accommodation and so that duty continued

Bano, R (On the Application Of) v London Borough of Waltham Forest [2024] EWHC 654 (Admin)

25 March, 2024

High Court upholds decision refusing to grant freeholder relief from sanction for repeated failures to disclose relevant documents and consequent declaration that tenants could acquire freehold

Winchester Park Ltd v 1 Palace Gate Freehold Ltd [2024] EWHC 661 (Ch)

22 March, 2024

High Court dismisses claimant’s deposit penalty claim despite landlord failing to comply with specific requirements about information provision under statutory scheme

Lowe v Governors of Sutton's Hospital In Charterhouse [2024] EWHC 646 (Ch)

19 March, 2024

High Court rules that Secretary of State’s failure to collect statistical monitoring data in relation to accommodating pregnant and new mother asylum seekers breached PSED

DXK, R (On the Application Of) v Secretary of State for the Home Department (Rev1) [2024] EWHC 579 (Admin)

19 March, 2024

High Court rules that equitable doctrine of proprietary estoppel prevents assertion of a right to possession under a lease of part of a building that was subsequently extended and occupied by the claimant

El Massouri v Omani Estates Ltd [2024] EWHC 534 (Ch)

5 March, 2024

Court of Appeal rules that the Right to Manage applies to any configuration of ‘premises’ with no need to specify the smallest possible configuration within those premises

Assethold Ltd v Eveline Road RTM Company Ltd [2024] EWCA Civ 187

1 March, 2024