Housing case law - Rightsnet

15 April, 2021

Court of Appeal rules that relief from forfeiture is discretionary and will depend on conduct even if requested before expiry of six month time limit under the County Courts Act 1984

[2021] EWCA Civ 492

30 March, 2021 Open access

High Court rules that County Court judge was wrong to dismiss claim that local authority had granted tenancy or licence to rough sleeper accommodated in response to Covid-19 pandemic

[2021] EWHC 731 (QB)

29 March, 2021

High Court considers whether to make a mandatory order requiring a council to provide suitable accommodation to a disabled woman who had been in unsuitable temporary accommodation for five years

[2021] EWHC 739 (Admin)

26 March, 2021

Whether substantial works to the structure and exterior of a block of flats fell within the definition of 'specified repairs' in the lease such that the leaseholders were liable for the cost of carrying them out

[2021] EWCA Civ 431

23 March, 2021

Court of Appeal considers whether service charges payable to a manager appointed by a tribunal under the Landlord and Tenant Act 1987 are recoverable under the Landlord and Tenant Act 1985

[2021] EWCA Civ 403

22 March, 2021

Court of Appeal rules that an appeal to the County Court against a section 184 Housing Act 1996 decision should not be commenced after notification of a Review Decision, whether that notification was in time or late

[2021] EWCA Civ 396

12 March, 2021 Open access

High Court rules that local authorities have powers to lawfully house people with no recourse to public funds during Covid-19 pandemic

[2021] EWHC 578 (Admin)

22 February, 2021

Court of Session considers whether a refusal by a local authority to accept an application for accommodation from a person who had previously refused offers of accommodation was unlawful

[2021] CSOH 20

12 February, 2021 Open access

‘Substantial rent arrears’ exception allowing evictions during Covid suspension period does not apply where possession order made under section 21 even when rent arrears money order made at same time

[2021] EWHC 283 (QB)

10 February, 2021

Court of Session rules that First-tier Tribunal has jurisdiction to consider claimant’s defence seeking ‘reduction’ of tenancy without it being made by a formal application

[2021] CSIH 11

8 February, 2021

High Court considers whether claimant could rely on occupation of temporary accommodation after his right to occupy had been terminated in order to help acquire a local connection

[2021] EWHC 211 (Admin)

27 January, 2021

Court of Appeal rules that a local authority can only recover possession during fixed term of Flexible Tenancy if tenancy has forfeiture clause and termination order has been obtained

[2021] EWCA Civ 77

19 January, 2021

Extent to which a provision dealing with service charges in a residential lease is invalidated by section 27A (6) of the Landlord and Tenant Act 1985

[2021] EWCA Civ 27

18 January, 2021

High Court rules that severe mental impairment discount in council tax cannot be backdated over period before entitlement to qualifying benefit established

[2021] EWHC 1 (Admin)

15 January, 2021 Open access

High Court refuses to grant interim relief in the form of suitable accommodation to a failed asylum seeker during pandemic

[2020] EWHC 3646 (Admin)

8 January, 2021

High Court of Northern Ireland considers possession claim by executors of property owner’s estate against partner that continued to occupy the property

[2020] NICh 14

23 December, 2020

Whether company law relating to the execution of documents applies to statutory notices served by a corporate landlord on residential tenants in possession proceedings

[2020] EWHC 3538 (QB)

22 December, 2020

Whether council's subsequent compliance with the public sector equality duty, in pursuing possession proceedings against a tenant who had been diagnosed with bipolar disorder, cured an earlier breach

[2020] EWHC 3520 (Ch)

22 December, 2020

High Court considers whether a council acted unlawfully in misunderstanding the effect of its own Housing Allocation Scheme so as to give preference to families with children over those with a disabled adult

[2020] EWHC 3526 (Admin)