Housing case law - Rightsnet

1 November, 2022

Round-up of recent Upper Tribunal housing case law

28 October, 2022

High Court of Northern Ireland holds that Housing Executive's refusal to allow claimant's application for 'intimidation' points under allocation scheme was unlawful for its failure to properly consider the legal threshold of ‘serious and imminent risk’

Thompson, Re Application for Judicial Review [2022] NIKB 17

24 October, 2022

Court of Appeal holds that question of whether the appellant’s accommodation was overcrowded cannot be decided by reference to the whole of the HMO property in which she was living and of which her accommodation formed part

Rowe v London Borough of Haringey [2022] EWCA Civ 1370

24 October, 2022

Court of Appeal rules that service of a section 166 notice to require ground rent to be payable is not ‘attending to the collection of rents’

Stampfer v Avon Ground Rents Ltd [2022] EWCA Civ 1375

20 October, 2022

Court of Appeal rules that a council had not discharged main housing duty under section 193(2) of the Housing Act 1996 by making a private rented sector offer on account of multiple procedural failures

Norton v London Borough of Haringey [2022] EWCA Civ 1340

3 October, 2022

Round-up of recent Upper Tribunal housing case law

15 September, 2022

High Court considers whether Housing Act 1985 provisions that prevent family members from succeeding to a secure tenancy when tenant is absent due to ill health before death are unlawful

Dudley Metropolitan Borough Council v Mailley [2022] EWHC 2328 (QB)

9 September, 2022

Court of Session upholds Scottish Property Tribunal’s decision that a Property Factor had incorrectly apportioned management fees between private flat owners in a mixed tenure block

Appeal by South Lanarkshire Council against decisions of the Upper Tribunal [2022] Scotcs CSIH 41

1 September, 2022

Round-up of recent Upper Tribunal housing case law

17 August, 2022

High Court finds that Secretary of State failed to meet her duty under the Immigration and Asylum Act 1999 to provide suitable accommodation within a reasonable time period

Parul, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2143 (Admin)

1 August, 2022

Round-up of recent Upper Tribunal housing case law

28 July, 2022

High Court grants mandatory relief against Lambeth Council for its failure to meet its duty to provide suitable accommodation for a family with multiple disabilities

Princess Bell v Lambeth LBC [2022] EWHC 2008

27 July, 2022

Court of Appeal dismisses challenge to ending of ‘Everyone In’ initiative finding that it was an evolving policy and that no decision had been identified that was open to judicial review

ZLL, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government [2022] EWCA Civ 1059

25 July, 2022

Court of Appeal rules that rent payments made after period of an offence do not count towards rent repayment order and rent arrears can be relevant tenant conduct for reducing award

Kowalek & Anor v Hassanein Ltd [2022] EWCA Civ 1041

18 July, 2022

High Court rules that a council’s failure to comply with section 189A Housing Act 1996 duty to assess primary housing needs and set out steps to retain or secure suitable accommodation was unlawful

ZK, R (On the Application Of) v London Borough of Havering [2022] EWHC 1854 (Admin)

15 July, 2022

Court of Appeal rules that a council’s failure to provide evidence it had complied with its temporary accommodation acquisitions policy when making an out of borough placement was unlawful

Abdikadir v London Borough of Ealing [2022] EWCA Civ 979

6 July, 2022

Court of Session rules that a fresh homeless application triggers local authority’s duties under the Housing (Scotland) Act 1987 unless it is based on exactly the same facts as a previous application

Reclaiming motion by Abdelwahab-kaba Dafaalla against City of Edinburgh Council [2022] CSIH 30

1 July, 2022

Round-up of recent Upper Tribunal housing case law

30 June, 2022

Court of Appeal rules that when a council is deciding intentional homelessness it is not required to consider universal credit rates when assessing a claimant's reasonable living expenses in previous accommodation

Baptie v The Royal Borough of Kingston Upon Thames [2022] EWCA Civ 888