Housing case law - Rightsnet

25 November, 2020 Open access

High Court considers vulnerability and homelessness as a result of ‘emergency’ in the context of priority need assessments and the COVID-19 pandemic

Bankole-Jones v Watford Borough Council [2020] EWHC 3100 (Admin)

17 November, 2020

Court of Appeal rules that, where an offer of accommodation is made under main homelessness duty, suitability should be determined by reference to position at date the offer was made

London Borough of Bromley v Broderick [2020] EWCA Civ 1522

13 November, 2020

High Court rules that a judgment entered in default against a housing authority must be set aside as, although Acknowledgment of Service was received out of time, it was filed before judgment was entered

MB v RBG [2020] EWHC 3022 (QB)

9 November, 2020

Court of Appeal rules that homelessness review decision made outside the permitted time limits was valid despite the longer time limit agreed by the parties having no precise end date

Stanley v Welwyn Hatfield Borough Council [2020] EWCA Civ 1458

4 November, 2020

Court of Appeal rules that application to determine terms of acquisition of freehold must be made to First-tier Tribunal and not county court

GR Property Management Ltd v Safdar & Ors [2020] EWCA Civ 1441

30 October, 2020

Court of Appeal considers whether a section 8 Housing Act 1988 notice must contain the landlord’s own name and address, as opposed to the name and address of the landlord’s agent

Prempeh v Lakhany [2020] EWCA Civ 1422

28 October, 2020

Court of Appeal rules that Royal Borough of Kingston-upon-Thames is a re-seller for purposes of Water Resale Orders, with result that it has unlawfully overcharged tenants for water

The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss [2020] EWCA Civ 1381

22 October, 2020

Court of Appeal considers the correct procedure for terminating a periodic tenancy following the death of the tenant and before probate or letters of administration have been granted

Gateway Housing Association v Personal Representatives of Ali & Anor [2020] EWCA Civ 1339

16 October, 2020

Supreme Court rules that housing association’s allocation policy prioritising Orthodox Jewish applicants is justified and proportionate in its discrimination

Z & Anor, R (on the application of) v Hackney London Borough Council & Anor [2020] UKSC 40

8 October, 2020

High Court considers whether County Court judge erred in refusing to allow an application to rely on a witness statement, where the application had been served late

Bromford Housing Association Ltd v Nightingale [2020] EWHC 2648 (QB)

7 September, 2020

High Court considers whether a delayed application for relief against forfeiture should be granted where forfeiture had been effected due to rent arrears

Keshwala & Anor v Bhalsod & Anor [2020] EWHC 2372 (QB)

21 August, 2020

High Court considers challenge to suitability of emergency accommodation on affordability grounds where claimant had not yet claimed housing benefit to cover rent liability

Tiemo, R (on the application of) v Lambeth London Borough Council [2020] EWHC 1193 (Admin)

10 August, 2020

High Court considers whether freehold property owner had his ‘main residence’ at the address so that he was liable for council tax ahead of the tenant who was also resident

Broderick v Coventry City Council [2020] EWHC 2083 (Admin)

8 July, 2020

High Court considers whether a finding that a joint tenancy existed was one which no judge could reasonably have reached

Vale of Aylesbury Housing Trust Ltd v Richens [2020] EWHC 685 (Ch)

8 July, 2020

Court of Appeal rules that notice seeking possession served by unlicensed landlord in Wales was invalid

Jarvis v Evans & Anor [2020] EWCA Civ 854

29 June, 2020

High Court considers whether self-contained accommodation without a fridge, cooker or bed, is ‘suitable’ for homeless applicant within meaning of section 206 of the Housing Act 1996

Escott, R (On the application of) v Chichester District Council [2020] EWHC 1687 (Admin)

18 June, 2020

Court of Appeal rules that a landlord’s failure to provide gas safety record prior to tenant moving in is not fatal to validity of a section 21 notice

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760

15 June, 2020 Open access

High Court considers whether it can hand down a reserved judgment, in a case heard during coronavirus stay on possession proceedings, before the stay is lifted

Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB)

10 June, 2020

High Court considers how and when a local authority’s interim duty to provide temporary accommodation comes to an end in light of amendments made by the Homelessness Reduction Act

Mitchell, R (On the Application Of) v London Borough of Islington [2020] EWHC 1478 (Admin)