Housing case law - Rightsnet

2 December, 2019

High Court rules that Kingston Council unlawfully overcharged tenants for water by not passing on discounts agreed with water company

[2019] EWHC 3261 (Ch)

20 November, 2019

Court of Appeal considers whether a review of a homelessness decision is limited to reconsideration of facts as they stood at date of original decision

[2019] EWCA Civ 1944

18 November, 2019

High Court considers a challenge to a section 21 notice on the grounds of estoppel by acquiescence, and also a counterclaim for disrepair

[2019] EWHC 95 (Ch)

13 November, 2019

Court of Session rules that Serco’s eviction of failed asylum seekers from accommodation without first obtaining a court order is lawful

[2019] CSIH 54

4 November, 2019

Court of Appeal rules that ‘one succession’ rule for secure tenancies is not discriminatory

[2019] EWCA Civ 1770

4 November, 2019

Court of Appeal rules that leaseholders of partially constructed flats in residential block were excluded from calculation of how many qualifying tenants were required to give valid notice to acquire freehold

[2019] EWCA Civ 1848

28 October, 2019

High Court considers whether county court correctly assessed time limit to bring appeal and good reason for late appeal, pursuant to section 204 of the Housing Act 1996

[2019] EWHC 2835 (QB)

23 October, 2019

Court of Appeal considers whether a person at risk of self-harming and suicide has priority need for homelessness accommodation on basis that they are vulnerable

[2019] EWCA Civ 1758

14 October, 2019

High Court considers whether a local authority had discharged its duties under section 193 of the Housing Act in two separate offers of accommodation

[2019] EWHC 2618 (Admin)

9 October, 2019

High Court decides not to exercise discretion in favour of claimant to grant relief from forfeiture of a lease on an application made outside six month time limit to bring a claim

[2019] EWHC 1396 (Ch)

7 October, 2019

Court of Appeal provides clarification of when new points can be raised on appeal in a case where a defendant was subject to an order for possession made on a summary basis

[2019] EWCA Civ 1337

30 September, 2019

Whether claimant established right to second review of suitability decision requested outside 21 day period referred to in section 202(3) of the Housing Act 1996

[2019] EWCA Civ 1592

16 September, 2019

High Court considers whether magistrates’ court was correct to time barr HMO offences case from being tried

[2019] EWHC 2415 (Admin)

15 August, 2019

High Court considers whether leases granted by freehold building owners to themselves were ‘disposals by way of gifts to a member of the landlord's family’

[2019] EWHC 2203 (Ch)

12 August, 2019

Whether second claim for disrepair under a lease was permitted or was relitigation of the same action so that it was barred by defence of res judicata

[2019] EWHC 1229 (TCC)

2 August, 2019

County Court does not have jurisdiction to determine allegations of discrimination in a statutory appeal brought under section 204 of the Housing Act 1996

[2019] EWCA Civ 1405

30 July, 2019

Where a landlord has failed to comply with the PSED, court should consider whether compliance would have made a difference to the decision to seek possession

[2019] EWCA Civ 1334

24 July, 2019

Claim for possession under section 15A of the Housing Act 1985 will be possible only if proceedings begun less than 12 months after 'relevant date' for purposes of section 15A(b)

[2019] EWCA Civ 1331

23 July, 2019

Court of Session rules that there is a statutory right of review against a decision refusing homelessness assistance on the basis of right to reside

[2019] CSOH 54