Housing case law - Rightsnet

7 September, 2020

High Court considers whether a delayed application for relief against forfeiture should be granted where forfeiture had been effected due to rent arrears

Keshwala & Anor v Bhalsod & Anor [2020] EWHC 2372 (QB)

21 August, 2020

High Court considers challenge to suitability of emergency accommodation on affordability grounds where claimant had not yet claimed housing benefit to cover rent liability

Tiemo, R (on the application of) v Lambeth London Borough Council [2020] EWHC 1193 (Admin)

10 August, 2020

High Court considers whether freehold property owner had his ‘main residence’ at the address so that he was liable for council tax ahead of the tenant who was also resident

Broderick v Coventry City Council [2020] EWHC 2083 (Admin)

8 July, 2020

High Court considers whether a finding that a joint tenancy existed was one which no judge could reasonably have reached

Vale of Aylesbury Housing Trust Ltd v Richens [2020] EWHC 685 (Ch)

8 July, 2020

Court of Appeal rules that notice seeking possession served by unlicensed landlord in Wales was invalid

Jarvis v Evans & Anor [2020] EWCA Civ 854

29 June, 2020

High Court considers whether self-contained accommodation without a fridge, cooker or bed, is ‘suitable’ for homeless applicant within meaning of section 206 of the Housing Act 1996

Escott, R (On the application of) v Chichester District Council [2020] EWHC 1687 (Admin)

18 June, 2020

Court of Appeal rules that a landlord’s failure to provide gas safety record prior to tenant moving in is not fatal to validity of a section 21 notice

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760

15 June, 2020 Open access

High Court considers whether it can hand down a reserved judgment, in a case heard during coronavirus stay on possession proceedings, before the stay is lifted

Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB)

10 June, 2020

High Court considers how and when a local authority’s interim duty to provide temporary accommodation comes to an end in light of amendments made by the Homelessness Reduction Act

Mitchell, R (On the Application Of) v London Borough of Islington [2020] EWHC 1478 (Admin)

5 June, 2020 Open access

High Court hands down reserved judgment on appeal that was heard before COVID-19-related stay on possession proceedings took effect, subject to provisos on staying possession order and extending time limits for appeal

Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB)

3 June, 2020

High Court rules that a local authority had no right to end fixed-term flexible tenancy before fixed term had expired, as tenancy agreement did not include clear forfeiture clause

Croydon London Borough Council v Kalonga [2020] EWHC 1353 (QB)

28 May, 2020

Court of Appeal considers whether amount of service charges for repairs were 'reasonable' under section 19 of the Landlord and Tenant Act 1985, where landlord failed to deduct expected third-party contribution

Avon Ground Rents Ltd v Cowley & Ors [2019] EWCA Civ 1827

27 May, 2020 Open access

Court of Appeal rules that COVID-19 related freeze on evictions also imposes freeze on eviction appeal proceedings

London Borough of Hackney v Okoro [2020] EWCA Civ 681

21 May, 2020

High Court considers whether claimant caused statutory overcrowding by a ‘deliberate act’ that prevented band 1 priority under Southwark LBC’s housing allocation scheme

Flores, R (on the application of) v London Borough of Southwark [2020] EWHC 1279 (Admin)

11 May, 2020 Open access

Court of Appeal rules that three month stay on possession proceedings due to COVID-19 is not unlawful

Marshall (Acting by Mehmet Arkin as fixed charge receiver) v Marshall & Another [2020] EWCA Civ 620

6 May, 2020

Supreme Court rules that landlord was not entitled to grant licence to lessee to carry out work which, but for the licence, would breach covenant in the lease of her flat

Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18

28 April, 2020

High Court considers whether a freehold owner has right to enter leaseholder’s property to carry out works of improvement and whether First-tier Tribunal decisions are binding on County Court

Piechnik v Oxford City Council [2020] EWHC 960 (QB)

27 April, 2020

High Court considers whether group of leasehold tenants were prevented from acquiring the freehold of their building by failing to comply with procedural notice requirements

Consensus Business Group (Ground Rents) Ltd v Palgrave Gardens Freehold Company Ltd [2020] EWHC 920 (Ch)

23 April, 2020

Court of Session considers council tax valuation of affordable housing units subject to ‘golden share’ provisions

Assessor for Lothian Valuation Joint Board against Mark McLaughlin [2020] CSIH 16