Housing case law - Rightsnet

25 May, 2021

High Court rules that local authority allocations scheme lawfully excluded applicant with ‘reasonable preference’ on account of overcrowding because she failed local connection criteria

Montero, R (On the Application Of) v London Borough of Lewisham [2021] EWHC 1359 (Admin)

10 May, 2021

Court of Appeal considers reasonableness of conditions imposed on landlord in relation to its failure to carry out a consultation in line with the Landlord and Tenant Act 1985 before carrying out major works

Aster Communities v Kerry Chapman & Ors [2021] EWCA Civ 660

5 May, 2021

High Court considers whether a council’s Housing Allocation Scheme unlawfully discriminated against households with disabled members

Nur & Ors, R (On the Application Of) v Birmingham City Council [2021] EWHC 1138 (Admin)

26 April, 2021

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

Elkundi & Ors, R (On the Application Of) v Birmingham City Council [2021] EWHC 1024 (Admin)

15 April, 2021

Court of Appeal rules that relief from forfeiture is discretionary and will depend on conduct even if requested before expiry of six month time limit under the County Courts Act 1984

Keshwala & Anor v Bhalsod & Anor [2021] EWCA Civ 492

30 March, 2021 Open access

High Court rules that County Court judge was wrong to dismiss claim that local authority had granted tenancy or licence to rough sleeper accommodated in response to Covid-19 pandemic

Ibrahim v London Borough of Haringey & Anor [2021] EWHC 731 (QB)

29 March, 2021

High Court considers whether to make a mandatory order requiring a council to provide suitable accommodation to a disabled woman who had been in unsuitable temporary accommodation for five years

Imam, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 739 (Admin)

26 March, 2021

Whether substantial works to the structure and exterior of a block of flats fell within the definition of 'specified repairs' in the lease such that the leaseholders were liable for the cost of carrying them out

City of London v Various Leaseholders of Great Arthur House [2021] EWCA Civ 431

23 March, 2021

Court of Appeal considers whether service charges payable to a manager appointed by a tribunal under the Landlord and Tenant Act 1987 are recoverable under the Landlord and Tenant Act 1985

Chuan-Hui & Ors v K Group Holdings Inc & Ors [2021] EWCA Civ 403

22 March, 2021

Court of Appeal rules that an appeal to the County Court against a section 184 Housing Act 1996 decision should not be commenced after notification of a Review Decision, whether that notification was in time or late

Ngnoguem v Milton Keynes Council [2021] EWCA Civ 396

12 March, 2021 Open access

High Court rules that local authorities have powers to lawfully house people with no recourse to public funds during Covid-19 pandemic

Ncube, R (on the application of) v Brighton and Hove City Council [2021] EWHC 578 (Admin)

22 February, 2021

Court of Session considers whether a refusal by a local authority to accept an application for accommodation from a person who had previously refused offers of accommodation was unlawful

Opinion of Lord Brailsford in the petition of Abdelwahab-kaba Dafaalla [2021] CSOH 20

12 February, 2021 Open access

‘Substantial rent arrears’ exception allowing evictions during Covid suspension period does not apply where possession order made under section 21 even when rent arrears money order made at same time

Trinity House of Deptford Strond v Prescott & Anor [2021] EWHC 283 (QB)

10 February, 2021

Court of Session rules that First-tier Tribunal has jurisdiction to consider claimant’s defence seeking ‘reduction’ of tenancy without it being made by a formal application

SW v Chesnutt Skeoch Ltd [2021] CSIH 11

8 February, 2021

High Court considers whether claimant could rely on occupation of temporary accommodation after his right to occupy had been terminated in order to help acquire a local connection

Minott, R (On the Application Of) v Cambridge City Council [2021] EWHC 211 (Admin)

27 January, 2021

Court of Appeal rules that a local authority can only recover possession during fixed term of Flexible Tenancy if tenancy has forfeiture clause and termination order has been obtained

Croydon LBC v Kalonga [2021] EWCA Civ 77

19 January, 2021

Extent to which a provision dealing with service charges in a residential lease is invalidated by section 27A (6) of the Landlord and Tenant Act 1985

Aviva Investors Ground Rent GP Ltd & Anor v Williams & Ors [2021] EWCA Civ 27

18 January, 2021

High Court rules that severe mental impairment discount in council tax cannot be backdated over period before entitlement to qualifying benefit established

Brown v Hambleton District Council [2021] EWHC 1 (Admin)

15 January, 2021 Open access

High Court refuses to grant interim relief in the form of suitable accommodation to a failed asylum seeker during pandemic

Ncube, R (On the Application Of) v Brighton And Hove City Council [2020] EWHC 3646 (Admin)