Housing

Round-up of recent Upper Tribunal housing case law

Almost 35,000 households were threatened with homelessness and owed a prevention duty in quarter to December 2023

New DLUHC statistics also show that, of these, almost 6,000 had been served a section 21 'no-fault' eviction notice, an increase of 10.9 per cent over the previous year

Local authority concedes judicial review challenge to policy of not taking homelessness applications from people aged under 25

Consent order, which has been published in interests of promoting open justice, confirms that Manchester City Council has now abandoned policy

Amendment to Renters Reform Bill requiring an assessment of the county court possession system before abolishing section 21 evictions passed in House of Commons

With approval of government amendment introduced by Housing Minister Jacob Young, Bill was read a third time and will now progress to the House of Lords

Court of Appeal rules that a council did not breach family’s Article 9 ECHR rights by making suitability decision without placing particular weight on their preference for a single-faith school

Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405

Scottish Parliamentary Committees launch joint consultation on Housing (Scotland) Bill

Views sought on measures designed to prevent homelessness and strengthen tenants' rights

Increase in registered rents in Northern Ireland 2024/2025

New statutory rule makes provision for a 7.7 per cent increase

High Court rules widower retained secure tenancy and right to buy despite living elsewhere

Weintraub v London Borough of Hackney [2024] EWHC 845 (Ch)

High Court in Northern Ireland considers whether a disabled claimant’s living arrangements satisfied the tenancy condition for an award of a Disabled Facilities Grant

In the matter of an application by (a person under a disability) by her mother and next friend for judicial review [2024] NIKB 24

Government’s ‘inaction’ in abolishing section 21 evictions has led to tens of thousands of households unnecessarily facing homelessness

Calling on the government to pass the Renters (Reform) Bill unamended, Homeless Link highlights that section 21 evictions are continuing at a rate equivalent to 52 households a day

Growing crisis of homelessness and destitution among newly recognised refugees results from a failing system that is ‘dysfunctional by design’ and ‘discriminatory in delivery’

New Refugee Council report highlights evidence including a more than 200 per cent increase in homelessness among asylum seekers evicted from Home Office asylum support accommodation in two years

High Court holds that council did not breach Equality Act obligations by failing to carry out remedial works to meet all the needs of a disabled tenant with heightened sensitivity to noise and smell

FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 780 (Admin)

High Court rules that council’s housing allocation policy relating to reciprocal transfers is unlawful as it indirectly discriminates against women who need to move to escape violence

AK, R (On the Application Of) v Westminster City Council [2024] EWHC 769 (Admin)

Local authority failed to follow its allocation policy in considering tenant’s request for parents who had come from Ukraine to be added to her housing application

Kukhtyak, R (on the application of) v The London Borough of Hounslow [2023] EWHC 2914 (Admin)

Court of Appeal considers whether the right of first refusal provided to qualifying tenants under the Landlord and Tenant Act 1987 had priority over the rights of a ‘recalcitrant’ freeholder

Donovan v Prescott Place Freeholder Ltd & Ors [2024] EWCA Civ 298

High Court refuses claimant permission to challenge validity of council tax debt recovery methods and the whole council tax charging regime as she had alternative remedies available to do so

Kofa, R (On the Application Of) v Oldham Metropolitan Bolton Council [2024] EWHC 685 (Admin)

Court of Appeal finds that where leasehold agreement provided for lessor to pay a 'proportion' of service charge relating to particular estate, landlord was not entitled to apply flat rate charge across all estates

Howe Properties (NE) Ltd v Accent Housing Ltd [2024] EWCA Civ 297