Housing case law - Rightsnet

1 February, 2023

Round-up of recent Upper Tribunal housing case law

20 January, 2023

High Court rules that an allocation scheme that excludes those otherwise entitled to a ‘reasonable preference’ is lawful, provided it is done by reference to a factor or factors of general application

Khayyat & Anor v Westminster City Council [2023] EWHC 30 (Admin)

9 January, 2023

High Court rules that council’s decision to end temporary accommodation funded under Care Act 2014 provisions was not unlawful where claimant fell under Housing Act 1996 scheme

Campbell, R (On the Application Of) v London Borough of Ealing [2023] EWHC 10 (Admin)

3 January, 2023

High Court rules that council’s housing allocation policy unlawfully discriminated against women fleeing domestic abuse or violence

TX, R (On the Application Of) v Adur District Council [2022] EWHC 3340 (Admin)

3 January, 2023

Round-up of recent Upper Tribunal housing case law

23 December, 2022

High Court dismisses claim by tenant seeking to move from accommodation provided after Grenfell fire, holding that council’s delay in finding suitable alternative accommodation was not unlawful

EL, R (On the Application Of) v The Royal Borough of Kensington And Chelsea [2022] EWHC 3185 (Admin)

22 December, 2022

High Court rules that long leaseholder was entitled to damages for breach of lease when landlord changed flat below to bar/restaurant

Dunward Properties Ltd v Isaac [2022] EWHC 3276 (Ch)

2 December, 2022

Round-up of recent Upper Tribunal housing case law

21 November, 2022

High Court rules that council acted unlawfully by refusing DFG application for a stairlift as a contingency to be used if an existing lift adaptation broke down

Gulrez, R (On the Application Of) v London Borough of Redbridge [2022] EWHC 2908 (Admin)

9 November, 2022

High Court rules that Lambeth Council’s decision that a property was ‘suitable accommodation’ was irrational as it was based on an unlawful housing needs assessment and unlawful personal housing plan

YR, R (On the Application Of) v London Borough of Lambeth [2022] EWHC 2813 (Admin)

1 November, 2022

Round-up of recent Upper Tribunal housing case law

28 October, 2022

High Court of Northern Ireland holds that Housing Executive's refusal to allow claimant's application for 'intimidation' points under allocation scheme was unlawful for its failure to properly consider the legal threshold of ‘serious and imminent risk’

Thompson, Re Application for Judicial Review [2022] NIKB 17

24 October, 2022

Court of Appeal holds that question of whether the appellant’s accommodation was overcrowded cannot be decided by reference to the whole of the HMO property in which she was living and of which her accommodation formed part

Rowe v London Borough of Haringey [2022] EWCA Civ 1370

24 October, 2022

Court of Appeal rules that service of a section 166 notice to require ground rent to be payable is not ‘attending to the collection of rents’

Stampfer v Avon Ground Rents Ltd [2022] EWCA Civ 1375

20 October, 2022

Court of Appeal rules that a council had not discharged main housing duty under section 193(2) of the Housing Act 1996 by making a private rented sector offer on account of multiple procedural failures

Norton v London Borough of Haringey [2022] EWCA Civ 1340

3 October, 2022

Round-up of recent Upper Tribunal housing case law

15 September, 2022

High Court considers whether Housing Act 1985 provisions that prevent family members from succeeding to a secure tenancy when tenant is absent due to ill health before death are unlawful

Dudley Metropolitan Borough Council v Mailley [2022] EWHC 2328 (QB)

9 September, 2022

Court of Session upholds Scottish Property Tribunal’s decision that a Property Factor had incorrectly apportioned management fees between private flat owners in a mixed tenure block

Appeal by South Lanarkshire Council against decisions of the Upper Tribunal [2022] Scotcs CSIH 41

1 September, 2022