Housing case law - Rightsnet

28 October, 2020

Court of Appeal rules that Royal Borough of Kingston-upon-Thames is a re-seller for purposes of Water Resale Orders, with result that it has unlawfully overcharged tenants for water

[2020] EWCA Civ 1381

22 October, 2020

Court of Appeal considers the correct procedure for terminating a periodic tenancy following the death of the tenant and before probate or letters of administration have been granted

[2020] EWCA Civ 1339

16 October, 2020

Supreme Court rules that housing association’s allocation policy prioritising Orthodox Jewish applicants is justified and proportionate in its discrimination

[2020] UKSC 40

8 October, 2020

High Court considers whether County Court judge erred in refusing to allow an application to rely on a witness statement, where the application had been served late

[2020] EWHC 2648 (QB)

7 September, 2020

High Court considers whether a delayed application for relief against forfeiture should be granted where forfeiture had been effected due to rent arrears

[2020] EWHC 2372 (QB)

21 August, 2020

High Court considers challenge to suitability of emergency accommodation on affordability grounds where claimant had not yet claimed housing benefit to cover rent liability

[2020] EWHC 1193 (Admin)

10 August, 2020

High Court considers whether freehold property owner had his ‘main residence’ at the address so that he was liable for council tax ahead of the tenant who was also resident

[2020] EWHC 2083 (Admin)

8 July, 2020

High Court considers whether a finding that a joint tenancy existed was one which no judge could reasonably have reached

[2020] EWHC 685 (Ch)

8 July, 2020

Court of Appeal rules that notice seeking possession served by unlicensed landlord in Wales was invalid

[2020] EWCA Civ 854

29 June, 2020

High Court considers whether self-contained accommodation without a fridge, cooker or bed, is ‘suitable’ for homeless applicant within meaning of section 206 of the Housing Act 1996

[2020] EWHC 1687 (Admin)

18 June, 2020

Court of Appeal rules that a landlord’s failure to provide gas safety record prior to tenant moving in is not fatal to validity of a section 21 notice

[2020] EWCA Civ 760

15 June, 2020 Open access

High Court considers whether it can hand down a reserved judgment, in a case heard during coronavirus stay on possession proceedings, before the stay is lifted

[2020] EWHC 1532 (QB)

10 June, 2020

High Court considers how and when a local authority’s interim duty to provide temporary accommodation comes to an end in light of amendments made by the Homelessness Reduction Act

[2020] EWHC 1478 (Admin)

5 June, 2020 Open access

High Court hands down reserved judgment on appeal that was heard before COVID-19-related stay on possession proceedings took effect, subject to provisos on staying possession order and extending time limits for appeal

[2020] EWHC 1441

3 June, 2020

High Court rules that a local authority had no right to end fixed-term flexible tenancy before fixed term had expired, as tenancy agreement did not include clear forfeiture clause

[2020] EWHC 1353 (QB)

28 May, 2020

Court of Appeal considers whether amount of service charges for repairs were 'reasonable' under section 19 of the Landlord and Tenant Act 1985, where landlord failed to deduct expected third-party contribution

[2019] EWCA Civ 1827

27 May, 2020 Open access

Court of Appeal rules that COVID-19 related freeze on evictions also imposes freeze on eviction appeal proceedings

[2020] EWCA Civ 681

21 May, 2020

High Court considers whether claimant caused statutory overcrowding by a ‘deliberate act’ that prevented band 1 priority under Southwark LBC’s housing allocation scheme

[2020] EWHC 1279 (Admin)

11 May, 2020 Open access

Court of Appeal rules that three month stay on possession proceedings due to COVID-19 is not unlawful

[2020] EWCA Civ 620