Housing case law - Rightsnet

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

21 June, 2022

Court of Appeal rules that general damages awarded for breach of repairing covenant are within category of case that can be subject to the 10 per cent uplift authorised in Simmons v Castle

Khan v Mehmood [2022] EWCA Civ 791

16 June, 2022

European Court of Human Rights rejects complaint against housing association that reserved its housing for the Orthodox Jewish community

LF v the United Kingdom ECHR 203 (2022)

16 June, 2022

High Court rules that a tenant was not liable to pay his sub-tenant damages for failing to prevent her unlawful eviction by the head landlord

Brem v Murray & Anor [2022] EWHC 1479 (QB)

1 June, 2022

Round-up of recent Upper Tribunal housing case law

31 May, 2022

High Court rules that housing association must give more than a ‘generic’ decision when refusing a management transfer on grounds of domestic abuse

TRX v Network Homes Limited [2022] EWHC 456 (Admin)

31 May, 2022

High Court of Northern Ireland considers whether refugees who left Syria several years ago suffered ‘recent trauma’ in their current accommodation to qualify for additional points under Housing Executive allocation scheme

Swidani, Re Application for Judicial Review [2022] NIQB 17

25 May, 2022

High Court rules that a council housing applicant cannot be said to have caused their own statutory overcrowding by a ‘deliberate act’ if they lacked the funds to afford more suitable housing

Roman, R (On the Application Of) v London Borough of Southwark [2022] EWHC 1232

19 May, 2022 Open access

High Court rules that London Borough of Lambeth’s failure to properly consider Everyone In policy in refusing to accommodate woman with no recourse to public funds made decision unlawful

R(Cort) v London Borough of Lambeth [2022] EWHC 1085 (Admin)

18 May, 2022

Court of Appeal upholds High Court ruling that a 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 London Borough of Croydon [2022] EWCA Civ 670

16 May, 2022

High Court rules that a property must be incapable of occupation for its intended purpose in order to cease to be a hereditament for council tax purposes

Bunyan (Listing Officer) v Patel [2022] EWHC 1143 (Admin)

16 May, 2022

High Court rules that eviction and sale of claimant’s leasehold home is ‘null and void’ as a result of enforcement action taken in breach of conditions under mental health crisis moratorium

Lees v Kaye [2022] EWHC 1151 (QB)

5 May, 2022

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

Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601

3 May, 2022

Round-up of recent Upper Tribunal housing case law

28 April, 2022

Court of Session rules that the obligation to secure suitable interim accommodation for persons found to be homeless under the Housing (Scotland) Act 1987 is absolute and cannot be avoided for reasons such as pressure on resources

X v Glasgow City Council [2022] CSOH 35

14 April, 2022

Court of Appeal considers assumptions that can be made when calculating disregard from valuation of freehold on account of tenant improvements under section 9(1A)(d) of the Leasehold Reform Act 1967

Cadogan Holdings Ltd v Alberti [2022] EWCA Civ 499

4 April, 2022

Court of Appeal considers sufficiency of enquiries required to establish suitability of accommodation offered to a homeless person with the protected characteristic of gender reassignment

Biden v Waverley Borough Council [2022] EWCA Civ 442

1 April, 2022

Round-up of recent Upper Tribunal housing case law

9 March, 2022

Supreme Court considers circumstances in which a secure tenancy for a fixed term may be terminated by the landlord before the end of that term

Croydon London Borough Council v Kalonga [2022] UKSC 7