Housing case law - Rightsnet

1 December, 2023

Round-up of recent Upper Tribunal housing case law

28 November, 2023

Supreme Court gives guidance on extent to which budgetary constraints should be taken into account by court in deciding whether to order local authority to comply with homelessness duty

R (on the application of Imam) (Respondent) v London Borough of Croydon (Appellant) [2023] UKSC 45

28 November, 2023

High Court rules that a council’s decision not to exercise discretion to provide interim accommodation to a vulnerable claimant pending outcome of a statutory review was unlawful

Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea [2023] EWHC 2913 (Admin)

21 November, 2023

Court of Appeal rules that a council was entitled to find a claimant whose conduct led to eviction from temporary hostel accommodation intentionally homeless, despite it being ‘not reasonable for him to continue to occupy’ in the long term

Kyle v Coventry City Council [2023] EWCA Civ 1360

2 November, 2023

Court of Session dismisses residential landlord representatives’ challenge to legality of emergency cost of living tenant protection measures introduced by Scottish Government

Petition of the Scottish Association of Landlords and Others against the Lord Advocate and Scottish Ministers [2023] CSOH 76

2 November, 2023

Round-up of recent Upper Tribunal housing case law

30 October, 2023

Court of Appeal rules that property guardian companies were subject to local authority licensing requirements and were running unlicensed HMOs

Global 100 Ltd v Jimenez & Ors [2023] EWCA Civ 1243

27 October, 2023

High Court rules that Secretary of State’s decision to house vulnerable asylum seeker in Swindon, away from his support network in South London, was unlawful

NS, R (On the Application Of) v Secretary of State for the Home Office [2023] EWHC 2675 (Admin)

27 October, 2023

Court of Appeal upholds High Court ruling that Housing Act 1985 provisions that prevented family member from succeeding to a secure tenancy when tenant was absent due to ill health before her death are lawful

Dudley Metropolitan Council v Mailley [2023] EWCA Civ 1246

2 October, 2023

Round-up of recent Upper Tribunal housing case law

1 September, 2023

Round-up of recent Upper Tribunal housing case law

23 August, 2023

Court of Appeal rules that Waltham Forest’s decision to offer accommodation outside of London to homeless single parent who was subject to benefit cap was not unlawful

Webb-Harnden v London Borough of Waltham Forest [2023] EWCA Civ 1992

23 August, 2023

High Court finds that a council’s decision refusing to place a claimant with severe mental health problems in the highest band of its allocation scheme was lawful

Islam & Anor, R (On the Application Of) v London Borough of Haringey [2022] EWHC 3933 (Admin)

14 August, 2023

Whether the relief duty under section 189B of the Housing Act 1996 had ended by reason of the provision of suitable accommodation and, if so, whether the appellant also was not homeless and was not owed the main housing duty under section 193

Ahamed, R (On the Application Of) v London Borough of Haringey [2023] EWCA Civ 975

1 August, 2023

Round-up of recent Upper Tribunal housing case law

31 July, 2023

Court of Appeal rules that a right to manage company can apply to First-tier Tribunal for determination of a breach of lease under section 168 of the Commonhold and Leasehold Reform Act

Eastpoint Block A RTM Company Ltd v Otubaga [2023] EWCA Civ 879

27 July, 2023

Court of Appeal finds that a room can constitute ‘accommodation’ for the purposes of section 191 of the Housing Act 1996

Hodge v Folkestone and Hythe District Council [2023] EWCA Civ 896

25 July, 2023

High Court finds that local authority had adequately addressed Public Sector Equality Duty in seeking to evict tenant with disability on anti-social behaviour grounds

Reading Borough Council v Tina Holland [2023] EWHC 1902 (Ch)

3 July, 2023