Housing case law - Rightsnet

5 June, 2020 Open access

High Court hands down reserved judgment on appeal that was heard before COVID-19-related stay on possession proceedings took effect, subject to provisos on staying possession order and extending time limits for appeal

Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB)

3 June, 2020

High Court rules that a local authority had no right to end fixed-term flexible tenancy before fixed term had expired, as tenancy agreement did not include clear forfeiture clause

Croydon London Borough Council v Kalonga [2020] EWHC 1353 (QB)

28 May, 2020

Court of Appeal considers whether amount of service charges for repairs were 'reasonable' under section 19 of the Landlord and Tenant Act 1985, where landlord failed to deduct expected third-party contribution

Avon Ground Rents Ltd v Cowley & Ors [2019] EWCA Civ 1827

27 May, 2020 Open access

Court of Appeal rules that COVID-19 related freeze on evictions also imposes freeze on eviction appeal proceedings

London Borough of Hackney v Okoro [2020] EWCA Civ 681

21 May, 2020

High Court considers whether claimant caused statutory overcrowding by a ‘deliberate act’ that prevented band 1 priority under Southwark LBC’s housing allocation scheme

Flores, R (on the application of) v London Borough of Southwark [2020] EWHC 1279 (Admin)

11 May, 2020 Open access

Court of Appeal rules that three month stay on possession proceedings due to COVID-19 is not unlawful

Marshall (Acting by Mehmet Arkin as fixed charge receiver) v Marshall & Another [2020] EWCA Civ 620

6 May, 2020

Supreme Court rules that landlord was not entitled to grant licence to lessee to carry out work which, but for the licence, would breach covenant in the lease of her flat

Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18

28 April, 2020

High Court considers whether a freehold owner has right to enter leaseholder’s property to carry out works of improvement and whether First-tier Tribunal decisions are binding on County Court

Piechnik v Oxford City Council [2020] EWHC 960 (QB)

27 April, 2020

High Court considers whether group of leasehold tenants were prevented from acquiring the freehold of their building by failing to comply with procedural notice requirements

Consensus Business Group (Ground Rents) Ltd v Palgrave Gardens Freehold Company Ltd [2020] EWHC 920 (Ch)

23 April, 2020

Court of Session considers council tax valuation of affordable housing units subject to ‘golden share’ provisions

Assessor for Lothian Valuation Joint Board against Mark McLaughlin [2020] CSIH 16

21 April, 2020

Court of Appeal rules that ‘Right to Rent’ Scheme is not unlawful

The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants [2020] EWCA Civ 542

15 April, 2020

Court of Session considers whether a landlord seeking possession of a property that was subject to a Repairing Standards Enforcement Order could form a lawful intention to demolish it

Charlton v The Josephine Marshall Trust [2020] CSIH 11

15 April, 2020

High Court considers whether to set aside an order giving permission to issue a writ of possession where the application for that order was based on defects of notice under civil procedure rules

Hertfordshire County Council v Davies [2020] EWHC 838 (QB)

14 April, 2020

High Court considers whether a tenant of a leasehold house must be the tenant of the whole house for the purposes of the Leasehold Reform Act 1967

Freehold Properties 250 Ltd v Field & Ors [2020] EWHC 792 (Ch)

9 April, 2020

High Court rules that council did not breach Care Act, Housing Act and ECHR duties when it took more than 18 months to rehouse a newly severely disabled council tenant

Idolo, R (on the application of) v London Borough of Bromley [2020] EWHC 860 (Admin)

9 April, 2020

Court of Appeal considers interaction between a determination of whether a person is vulnerable under the Housing Act 1996 and compliance with the public sector equality duty

McMahon v Watford Borough Council [2020] EWCA Civ 497

2 April, 2020

Court of Appeal considers jurisdiction of county court on a section 204 decision and lawfulness of a contracted out decision under section 202

James v Hertsmere Borough Council [2020] EWCA Civ 489

2 April, 2020

High Court rules that local authority’s reasons for refusing a Disabled Facilities Grant to provide a means of independent access to the applicant’s home were unlawful

McKeown, R (On the Application Of) v London Borough of Islington [2020] EWHC 779 (Admin)

30 March, 2020

High Court considers prospects of success for a section 204 Housing Act 1996 appeal brought one day outside 21-day time limit

Gil v London Borough of Camden [2020] EWHC 735 (QB)