Housing case law - Rightsnet

20 June, 2024

Freeholder’s available remedies for breach of settlement agreement included seeking forfeiture of lease

29 Buckland Crescent Management Company Limited v White [2024] EWHC 1480 (Ch)

17 June, 2024

High Court dismisses homeless refugee’s challenges to council’s decision he was not in priority need, and Home Office’s policy change that shortened the move-on period from asylum accommodation

ZR v London Borough of Haringey & Anor [2024] EWHC 1476 (Admin)

17 June, 2024

High Court rules that freeholder was not entitled to declaration that it could replace old block heating system with new one that would increase leaseholders’ repair and maintenance costs

Triplark Ltd v Whale & Ors [2024] EWHC 1440 (Ch)

3 June, 2024

Round-up of recent Upper Tribunal housing case law

23 May, 2024

High Court rules that the mere fact of making a fresh homelessness application does not automatically or impliedly constitute the abandonment of a prior application subject to an extant appeal

Fertre v Vale of White Horse District Council [2024] EWHC 1234 (KB)

20 May, 2024

Court of Appeal rules that Care Act 2014 does not impose a duty on local authorities to provide accommodation if the individual is eligible for housing under the Housing Act 1996

Campbell, R (On the Application Of) v London Borough of Ealing [2024] EWCA Civ 540

17 May, 2024

High Court rules that council tax listing officer’s decision to list each en-suite bedroom in shared flats separately, rather than treat them as a single dwelling, was lawful

Howard Gardens Manco Ltd, R (On the Application Of) v Formela-Osborne (Listing Officer) [2024] EWHC 1112 (Admin)

1 May, 2024

Round-up of recent Upper Tribunal housing case law

25 April, 2024

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

19 April, 2024

High Court finds council breached duty to provide ‘suitable’ interim accommodation having left a family in B&B accommodation for six months before deciding their homelessness application

Pickford, R (On the Application Of) v Sandwell Metropolitan Borough Council [2024] EWHC 756 (Admin)

17 April, 2024

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

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

16 April, 2024

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

10 April, 2024

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)

8 April, 2024

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)

5 April, 2024

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)

5 April, 2024

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

4 April, 2024

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)

4 April, 2024

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

3 April, 2024

Court of Appeal upholds council’s review decision that a one-bedroom flat allocated to a homeless, separated parent was suitable despite evidence of a pending shared care order for his children

Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314