Housing case law - Rightsnet

1 March, 2022

Round-up of recent Upper Tribunal housing case law

21 February, 2022

Court of Appeal rules that a claimant could rely on occupation of temporary accommodation after his right to occupy ended as a ‘new fact’ that supported a subsequent homeless application

Minott v Cambridge City Council [2022] EWCA Civ 159

7 February, 2022

High Court considers whether a landlord was unreasonable in refusing to give consent to a long leaseholder to assign his lease

Gabb v Farrokhzad [2022] EWHC 212 (Ch)

4 February, 2022

Court of Appeal rules that a local authority failed to make a proper assessment of affordability of an out of borough property despite applicant failing to raise specific challenge to figures

Paley v London Borough of Waltham Forest [2022] EWCA Civ 112

1 February, 2022

Round-up of recent Upper Tribunal housing case law

27 January, 2022

Court of Appeal rules that notice seeking possession and certificate relating to tenancy deposit scheme that had been signed by company landlord’s agent but not the landlord itself were both valid

Northwood (Solihull) Ltd v Fearn & Ors [2022] EWCA Civ 40

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dismisses judicial review that argued that the Housing Secretary was in breach of public law duties by adopting an unpublished position when taking steps to curtail the Everyone In initiative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