Housing case law - Rightsnet

13 December, 2021

Court of Appeal rules that determinations on service charges by the First-tier Tribunal are declaratory and therefore not open to enforcement

Termhouse (Clarendon Court) Management Ltd v Al-Balhaa [2021] EWCA Civ 1881

6 December, 2021

Court of Appeal considers the threshold for dealing with a defended possession claim by summary judgment under CPR Part 55.8

Global 100 Ltd v Laleva [2021] EWCA Civ 1835

30 November, 2021

Court of Appeal considers whether a person who left secure accommodation in Switzerland to move to England had acted in good faith for purposes of assessing intentional homelessness

Ciftci v London Borough of Haringey [2021] EWCA Civ 1772

30 November, 2021

High Court dismisses argument that a domestic property does not constitute a chargeable ‘dwelling’ for council tax liability purposes unless it has a ‘business’ element

Doyle & Ors v Roberts (Listing Officer) [2021] EWHC 659 (Admin)

24 November, 2021

High Court rules that a second floor flat accessible only through a room-sized landing in the main house was a second dwelling for council tax valuation listing purposes

Salisbury & Anor v Valuation Tribunal Of England [2021] EWHC 3136 (Admin)

23 November, 2021

Court of Appeal rules that the presumption against 'time being of the essence' was displaced in the case of a landlord that served notice on a lessee to increase interim service charges outside the deadline set by the lease

Kensquare Ltd v Boakye [2021] EWCA Civ 1725

15 November, 2021

Court of Appeal rules that local housing authorities are required to base suitability assessments of private rented sector offers on evidence rather than simply assuming a property let by a reputable landlord will be suitable

Hajjaj v City of Westminster (heard together with Akther v Waltham Forest) [2021] EWCA Civ 1688

12 November, 2021

County Court had the jurisdiction to make a declaration on the interpretation of a settlement agreement between a landlord and tenant

Gurgur v Rees & Ors [2021] EWHC 2181 (Ch)

9 November, 2021

High Court rules that, in the absence of any statutory succession, claimant was still entitled to succeed to her deceased mother’s assured tenancy relying on contractual provisions

Clarion Housing Association Ltd v Carter [2021] EWHC 2890 (QB)

4 October, 2021

High Court rules that local authority was wrong to justify its refusal of claimant’s homelessness application on ground that it relied on ‘exactly the same facts’ as an earlier refused application

Ibrahim, R (On the Application Of) v Westminster City Council [2021] EWHC 2616 (Admin)
[2021] EWHC 2616 (Admin)

23 September, 2021

High Court of Northern Ireland makes outright possession orders on defendant’s mortgaged properties despite irregularities in documents served by lender

Leeds Building Society v Speak [2021] NICh 10

4 August, 2021

High Court rules that local authority has no power to accept a late review of its decision not to grant another tenancy on the expiry of the fixed term of a flexible tenancy

Kalonga, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 2174 (Admin)

29 July, 2021

Court of Appeal rules that a Rent Repayment Order can only be made against an immediate landlord

Rakusen v Jepsen & Ors [2021] EWCA Civ 1150

22 July, 2021

Court of Appeal confirms that a ‘demand’ for service charges for the purposes of section 20B(1) of the Landlord and Tenant Act 1985 has to be a ‘contractually valid’ demand

No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2021] EWCA Civ 1119

6 July, 2021

Court of Appeal rules that the entrance door to a flat within a block is not a ‘landlord’s fixture’ but part of the structure of the building

Marlborough Knightsbridge Management Ltd v Fivaz [2021] EWCA Civ 989

25 June, 2021 Open access

High Court rules that Home Secretary’s failure to accommodate destitute refused asylum seekers during Covid-19 outbreak does not breach rights under the ECHR

Secretary of State for the Home Department, R (On the Application Of) v First-tier Tribunal (Social Entitlement Chamber) [2021] EWHC 1690 (Admin)

24 June, 2021

Court of Appeal rules that service of an energy performance certificate is not required for a section 21 notice on a tenancy granted before 1 October 2015 to be valid

Minister v Hathaway & Anor [2021] EWCA Civ 936

22 June, 2021

Court of Appeal considers whether local authority had properly assessed tenant’s ability to afford his rent in deciding that he had become intentionally homeless on his eviction for rent arrears

Patel v London Borough of Hackney [2021] EWCA Civ 897

25 May, 2021

Court of Appeal rules that leaseholder whose defence to a money claim had been struck out was not then able to contest reasonableness of service charges that were subject of that claim

Gell v 32 St John's Road (Eastbourne) Management Company Ltd [2021] EWCA Civ 789