Housing case law - Rightsnet

16 May, 2022

High Court rules that a property must be incapable of occupation for its intended purpose in order to cease to be a hereditament for council tax purposes

Bunyan (Listing Officer) v Patel [2022] EWHC 1143 (Admin)

16 May, 2022

High Court rules that eviction and sale of claimant’s leasehold home is ‘null and void’ as a result of enforcement action taken in breach of conditions under mental health crisis moratorium

Lees v Kaye [2022] EWHC 1151 (QB)

5 May, 2022

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

Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601

3 May, 2022

Round-up of recent Upper Tribunal housing case law

28 April, 2022

Court of Session rules that the obligation to secure suitable interim accommodation for persons found to be homeless under the Housing (Scotland) Act 1987 is absolute and cannot be avoided for reasons such as pressure on resources

X v Glasgow City Council [2022] CSOH 35

14 April, 2022

Court of Appeal considers assumptions that can be made when calculating disregard from valuation of freehold on account of tenant improvements under section 9(1A)(d) of the Leasehold Reform Act 1967

Cadogan Holdings Ltd v Alberti [2022] EWCA Civ 499

4 April, 2022

Court of Appeal considers sufficiency of enquiries required to establish suitability of accommodation offered to a homeless person with the protected characteristic of gender reassignment

Biden v Waverley Borough Council [2022] EWCA Civ 442

1 April, 2022

Round-up of recent Upper Tribunal housing case law

9 March, 2022

Supreme Court considers circumstances in which a secure tenancy for a fixed term may be terminated by the landlord before the end of that term

Croydon London Borough Council v Kalonga [2022] UKSC 7

1 March, 2022

Round-up of recent Upper Tribunal housing case law

21 February, 2022

Court of Appeal rules that a claimant could rely on occupation of temporary accommodation after his right to occupy ended as a ‘new fact’ that supported a subsequent homeless application

Minott v Cambridge City Council [2022] EWCA Civ 159

7 February, 2022

High Court considers whether a landlord was unreasonable in refusing to give consent to a long leaseholder to assign his lease

Gabb v Farrokhzad [2022] EWHC 212 (Ch)

4 February, 2022

Court of Appeal rules that a local authority failed to make a proper assessment of affordability of an out of borough property despite applicant failing to raise specific challenge to figures

Paley v London Borough of Waltham Forest [2022] EWCA Civ 112

1 February, 2022

Round-up of recent Upper Tribunal housing case law

27 January, 2022

Court of Appeal rules that notice seeking possession and certificate relating to tenancy deposit scheme that had been signed by company landlord’s agent but not the landlord itself were both valid

Northwood (Solihull) Ltd v Fearn & Ors [2022] EWCA Civ 40

20 January, 2022 Open access

High Court dismisses judicial review that argued that the Housing Secretary was in breach of public law duties by adopting an unpublished position when taking steps to curtail the Everyone In initiative

ZLL, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government [2022] EWHC 85 (Admin)

12 January, 2022

Supreme Court rules that leaseholders’ ‘right to manage’ one of ten blocks on an estate did not extend to management of shared estate facilities

FirstPort Property Services Ltd (Appellant) v Settlers Court RTM Company and others (Respondents) [2022] UKSC 1

3 January, 2022

Round-up of recent Upper Tribunal housing case law

20 December, 2021

Court of Appeal rules that judge was wrong to accept that an earlier breach of the public sector equality duty in a possession claim was remedied by a housing authority’s evidence at trial

Metropolitan Housing Trust Ltd v TM [2021] EWCA Civ 1890