Housing case law - Rightsnet

23 September, 2021

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

Leeds Building Society v Speak [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

Kalonga, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 2174 (Admin)

29 July, 2021

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

Rakusen v Jepsen & Ors [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

No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [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

Marlborough Knightsbridge Management Ltd v Fivaz [2021] EWCA Civ 989

25 June, 2021 Open access

High Court rules that Home Secretary’s failure to accommodate destitute refused asylum seekers during Covid-19 outbreak does not breach rights under the ECHR

Secretary of State for the Home Department, R (On the Application Of) v First-tier Tribunal (Social Entitlement Chamber) [2021] EWHC 1690 (Admin)

24 June, 2021

Court of Appeal rules that service of an energy performance certificate is not required for a section 21 notice on a tenancy granted before 1 October 2015 to be valid

Minister v Hathaway & Anor [2021] EWCA Civ 936

22 June, 2021

Court of Appeal considers whether local authority had properly assessed tenant’s ability to afford his rent in deciding that he had become intentionally homeless on his eviction for rent arrears

Patel v London Borough of Hackney [2021] EWCA Civ 897

25 May, 2021

Court of Appeal rules that leaseholder whose defence to a money claim had been struck out was not then able to contest reasonableness of service charges that were subject of that claim

Gell v 32 St John's Road (Eastbourne) Management Company Ltd [2021] EWCA Civ 789

25 May, 2021

High Court rules that local authority allocations scheme lawfully excluded applicant with ‘reasonable preference’ on account of overcrowding because she failed local connection criteria

Montero, R (On the Application Of) v London Borough of Lewisham [2021] EWHC 1359 (Admin)

10 May, 2021

Court of Appeal considers reasonableness of conditions imposed on landlord in relation to its failure to carry out a consultation in line with the Landlord and Tenant Act 1985 before carrying out major works

Aster Communities v Kerry Chapman & Ors [2021] EWCA Civ 660

5 May, 2021

High Court considers whether a council’s Housing Allocation Scheme unlawfully discriminated against households with disabled members

Nur & Ors, R (On the Application Of) v Birmingham City Council [2021] EWHC 1138 (Admin)

26 April, 2021

High Court rules that council’s queuing system for applicants owed the main housing duty who needed to move from unsuitable accommodation was unlawful

Elkundi & Ors, R (On the Application Of) v Birmingham City Council [2021] EWHC 1024 (Admin)

15 April, 2021

Court of Appeal rules that relief from forfeiture is discretionary and will depend on conduct even if requested before expiry of six month time limit under the County Courts Act 1984

Keshwala & Anor v Bhalsod & Anor [2021] EWCA Civ 492

30 March, 2021 Open access

High Court rules that County Court judge was wrong to dismiss claim that local authority had granted tenancy or licence to rough sleeper accommodated in response to Covid-19 pandemic

Ibrahim v London Borough of Haringey & Anor [2021] EWHC 731 (QB)

29 March, 2021

High Court considers whether to make a mandatory order requiring a council to provide suitable accommodation to a disabled woman who had been in unsuitable temporary accommodation for five years

Imam, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 739 (Admin)

26 March, 2021

Whether substantial works to the structure and exterior of a block of flats fell within the definition of 'specified repairs' in the lease such that the leaseholders were liable for the cost of carrying them out

City of London v Various Leaseholders of Great Arthur House [2021] EWCA Civ 431

23 March, 2021

Court of Appeal considers whether service charges payable to a manager appointed by a tribunal under the Landlord and Tenant Act 1987 are recoverable under the Landlord and Tenant Act 1985

Chuan-Hui & Ors v K Group Holdings Inc & Ors [2021] EWCA Civ 403

22 March, 2021

Court of Appeal rules that an appeal to the County Court against a section 184 Housing Act 1996 decision should not be commenced after notification of a Review Decision, whether that notification was in time or late

Ngnoguem v Milton Keynes Council [2021] EWCA Civ 396