Housing case law - Rightsnet

20 January, 2022 Open access

High Court dismisses judicial review that argued that the Housing Secretary was in breach of public law duties by adopting an unpublished position when taking steps to curtail the Everyone In initiative

ZLL, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government [2022] EWHC 85 (Admin)

12 January, 2022

Supreme Court rules that leaseholders’ ‘right to manage’ one of ten blocks on an estate did not extend to management of shared estate facilities

FirstPort Property Services Ltd (Appellant) v Settlers Court RTM Company and others (Respondents) [2022] UKSC 1

3 January, 2022

Round-up of recent Upper Tribunal housing case law

20 December, 2021

Court of Appeal rules that judge was wrong to accept that an earlier breach of the public sector equality duty in a possession claim was remedied by a housing authority’s evidence at trial

Metropolitan Housing Trust Ltd v TM [2021] EWCA Civ 1890

13 December, 2021

Court of Appeal rules that determinations on service charges by the First-tier Tribunal are declaratory and therefore not open to enforcement

Termhouse (Clarendon Court) Management Ltd v Al-Balhaa [2021] EWCA Civ 1881

6 December, 2021

Court of Appeal considers the threshold for dealing with a defended possession claim by summary judgment under CPR Part 55.8

Global 100 Ltd v Laleva [2021] EWCA Civ 1835

30 November, 2021

Court of Appeal considers whether a person who left secure accommodation in Switzerland to move to England had acted in good faith for purposes of assessing intentional homelessness

Ciftci v London Borough of Haringey [2021] EWCA Civ 1772

30 November, 2021

High Court dismisses argument that a domestic property does not constitute a chargeable ‘dwelling’ for council tax liability purposes unless it has a ‘business’ element

Doyle & Ors v Roberts (Listing Officer) [2021] EWHC 659 (Admin)

24 November, 2021

High Court rules that a second floor flat accessible only through a room-sized landing in the main house was a second dwelling for council tax valuation listing purposes

Salisbury & Anor v Valuation Tribunal Of England [2021] EWHC 3136 (Admin)

23 November, 2021

Court of Appeal rules that the presumption against 'time being of the essence' was displaced in the case of a landlord that served notice on a lessee to increase interim service charges outside the deadline set by the lease

Kensquare Ltd v Boakye [2021] EWCA Civ 1725

15 November, 2021

Court of Appeal rules that local housing authorities are required to base suitability assessments of private rented sector offers on evidence rather than simply assuming a property let by a reputable landlord will be suitable

Hajjaj v City of Westminster (heard together with Akther v Waltham Forest) [2021] EWCA Civ 1688

12 November, 2021

County Court had the jurisdiction to make a declaration on the interpretation of a settlement agreement between a landlord and tenant

Gurgur v Rees & Ors [2021] EWHC 2181 (Ch)

9 November, 2021

High Court rules that, in the absence of any statutory succession, claimant was still entitled to succeed to her deceased mother’s assured tenancy relying on contractual provisions

Clarion Housing Association Ltd v Carter [2021] EWHC 2890 (QB)

4 October, 2021

High Court rules that local authority was wrong to justify its refusal of claimant’s homelessness application on ground that it relied on ‘exactly the same facts’ as an earlier refused application

[2021] EWHC 2616 (Admin)

23 September, 2021

High Court of Northern Ireland makes outright possession orders on defendant’s mortgaged properties despite irregularities in documents served by lender

[2021] NICh 10

4 August, 2021

High Court rules that local authority has no power to accept a late review of its decision not to grant another tenancy on the expiry of the fixed term of a flexible tenancy

[2021] EWHC 2174

29 July, 2021

Court of Appeal rules that a Rent Repayment Order can only be made against an immediate landlord

[2021] EWCA Civ 1150

22 July, 2021

Court of Appeal confirms that a ‘demand’ for service charges for the purposes of section 20B(1) of the Landlord and Tenant Act 1985 has to be a ‘contractually valid’ demand

[2021] EWCA Civ 1119

6 July, 2021

Court of Appeal rules that the entrance door to a flat within a block is not a ‘landlord’s fixture’ but part of the structure of the building

[2021] EWCA Civ 989

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