Housing case law - Rightsnet

21 April, 2020

Court of Appeal rules that ‘Right to Rent’ Scheme is not unlawful

The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants [2020] EWCA Civ 542

15 April, 2020

Court of Session considers whether a landlord seeking possession of a property that was subject to a Repairing Standards Enforcement Order could form a lawful intention to demolish it

Charlton v The Josephine Marshall Trust [2020] CSIH 11

15 April, 2020

High Court considers whether to set aside an order giving permission to issue a writ of possession where the application for that order was based on defects of notice under civil procedure rules

Hertfordshire County Council v Davies [2020] EWHC 838 (QB)

14 April, 2020

High Court considers whether a tenant of a leasehold house must be the tenant of the whole house for the purposes of the Leasehold Reform Act 1967

Freehold Properties 250 Ltd v Field & Ors [2020] EWHC 792 (Ch)

9 April, 2020

High Court rules that council did not breach Care Act, Housing Act and ECHR duties when it took more than 18 months to rehouse a newly severely disabled council tenant

Idolo, R (on the application of) v London Borough of Bromley [2020] EWHC 860 (Admin)

9 April, 2020

Court of Appeal considers interaction between a determination of whether a person is vulnerable under the Housing Act 1996 and compliance with the public sector equality duty

McMahon v Watford Borough Council [2020] EWCA Civ 497

2 April, 2020

Court of Appeal considers jurisdiction of county court on a section 204 decision and lawfulness of a contracted out decision under section 202

James v Hertsmere Borough Council [2020] EWCA Civ 489

2 April, 2020

High Court rules that local authority’s reasons for refusing a Disabled Facilities Grant to provide a means of independent access to the applicant’s home were unlawful

McKeown, R (On the Application Of) v London Borough of Islington [2020] EWHC 779 (Admin)

30 March, 2020

High Court considers prospects of success for a section 204 Housing Act 1996 appeal brought one day outside 21-day time limit

Gil v London Borough of Camden [2020] EWHC 735 (QB)

27 March, 2020

Court of Appeal rules that judge misdirected herself by dismissing possession claim on basis that it was not inevitable that a lawful PSED assessment would reach the same decision to proceed as an inital unlawful assessment

Luton Community Housing Ltd v Durdana [2020] EWCA Civ 445

25 March, 2020

Court of Appeal considers question of the date at which probability of domestic violence should be assessed by a local authority when determining intentional homelessness

LB v London Borough of Tower Hamlets [2020] EWCA Civ 439

18 March, 2020

Court of Appeal holds that local authority was entitled to possession of property due to false statements from tenant about residence in UK

Oshin v The Royal Borough of Greenwich [2020] EWCA Civ 388

24 February, 2020

High Court considers at what point the housing duty under section 193 of the Housing Act 1996 takes effect

M, R (On the Application Of) v London Borough of Newham [2020] EWHC 327 (Admin)

17 February, 2020

Court of Appeal rules that the ‘reasonable recipient’ test applies to notices served under section 8 of the Housing Act 1988

Pease v Carter & Anor [2020] EWCA Civ 175

30 January, 2020

Court of Appeal provides guidance on ‘good reason’ for late homelessness appeals where delay is due to time taken by unrepresented applicant to obtain legal aid

Al Ahmed v London Borough of Tower Hamlets [2020] EWCA Civ 51

22 January, 2020

Court of Appeal considers whether an application for a borough-wide injunction to prohibit Gypsy and Traveller encampments was proportionate

The London Borough of Bromley v Persons Unknown (Rev 3) [2020] EWCA Civ 12

19 December, 2019

Court of Appeal considers whether county court has jurisdiction to determine issues relating to the amount of council tax payable by a claimant

[2019] EWCA Civ 2206

16 December, 2019

High Court considers whether local authority complied with relevant legal principles in considering second homelessness application

[2019] EWHC 3480 (Admin)

2 December, 2019

High Court rules that Kingston Council unlawfully overcharged tenants for water by not passing on discounts agreed with water company

[2019] EWHC 3261 (Ch)