Housing case law - Rightsnet

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)

8 January, 2021

High Court of Northern Ireland considers possession claim by executors of property owner’s estate against partner that continued to occupy the property

Robinson & Anor v Boyd & Ors [2020] NICh 14

23 December, 2020

Whether company law relating to the execution of documents applies to statutory notices served by a corporate landlord on residential tenants in possession proceedings

Northwood Solihull Ltd v Fearn & Ors [2020] EWHC 3538 (QB)

22 December, 2020

Whether council's subsequent compliance with the public sector equality duty, in pursuing possession proceedings against a tenant who had been diagnosed with bipolar disorder, cured an earlier breach

Taylor v Slough Borough Council [2020] EWHC 3520 (Ch)

22 December, 2020

High Court considers whether a council acted unlawfully in misunderstanding the effect of its own Housing Allocation Scheme so as to give preference to families with children over those with a disabled adult

Nur & Anor, R (On the Application Of) v Birmingham City Council [2020] EWHC 3526 (Admin)

16 December, 2020

Court of Appeal considers whether a claimant caused statutory overcrowding by his own ‘deliberate act’ and should therefore be excluded from council’s highest priority banding for rehousing

Flores, R (on the application of) v London Borough of Southwark [2020] EWCA Civ 1697

15 December, 2020

High Court rules that government’s operation of asylum support scheme is unlawful and discriminatory

DMA & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin)

2 December, 2020

Court of Appeal considers whether terms of tenancy agreement permitted housing association to start charging tenant for service it was already providing without charge

Curo Places Ltd v Pimlett [2020] EWCA Civ 1621

30 November, 2020

Court of Appeal considers nature of ‘final offer of accommodation’ and whether the property on offer must be available at the date that offer is refused

Nikolaeva v London Borough of Redbridge [2020] EWCA Civ 1586

26 November, 2020

Court of Appeal rules statutory overcrowding was not determinative as to whether a homeless applicant had obtained ‘settled’ accommodation and therefore whether the causal link to previous incidence of intentional homelessness had been broken

Bullale v City of Westminster Council [2020] EWCA Civ 1587

25 November, 2020 Open access

High Court considers vulnerability and homelessness as a result of ‘emergency’ in the context of priority need assessments and the COVID-19 pandemic

Bankole-Jones v Watford Borough Council [2020] EWHC 3100 (Admin)

17 November, 2020

Court of Appeal rules that, where an offer of accommodation is made under main homelessness duty, suitability should be determined by reference to position at date the offer was made

London Borough of Bromley v Broderick [2020] EWCA Civ 1522

13 November, 2020

High Court rules that a judgment entered in default against a housing authority must be set aside as, although Acknowledgment of Service was received out of time, it was filed before judgment was entered

MB v RBG [2020] EWHC 3022 (QB)

9 November, 2020

Court of Appeal rules that homelessness review decision made outside the permitted time limits was valid despite the longer time limit agreed by the parties having no precise end date

Stanley v Welwyn Hatfield Borough Council [2020] EWCA Civ 1458

4 November, 2020

Court of Appeal rules that application to determine terms of acquisition of freehold must be made to First-tier Tribunal and not county court

GR Property Management Ltd v Safdar & Ors [2020] EWCA Civ 1441

30 October, 2020

Court of Appeal considers whether a section 8 Housing Act 1988 notice must contain the landlord’s own name and address, as opposed to the name and address of the landlord’s agent

Prempeh v Lakhany [2020] EWCA Civ 1422

28 October, 2020

Court of Appeal rules that Royal Borough of Kingston-upon-Thames is a re-seller for purposes of Water Resale Orders, with result that it has unlawfully overcharged tenants for water

The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss [2020] EWCA Civ 1381