Housing case law - Rightsnet

17 August, 2022

High Court finds that Secretary of State failed to meet her duty under the Immigration and Asylum Act 1999 to provide suitable accommodation within a reasonable time period

Parul, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2143 (Admin)

1 August, 2022

Round-up of recent Upper Tribunal housing case law

28 July, 2022

High Court grants mandatory relief against Lambeth Council for its failure to meet its duty to provide suitable accommodation for a family with multiple disabilities

Princess Bell v Lambeth LBC [2022] EWHC 2008

27 July, 2022

Court of Appeal dismisses challenge to ending of ‘Everyone In’ initiative finding that it was an evolving policy and that no decision had been identified that was open to judicial review

ZLL, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government [2022] EWCA Civ 1059

25 July, 2022

Court of Appeal rules that rent payments made after period of an offence do not count towards rent repayment order and rent arrears can be relevant tenant conduct for reducing award

Kowalek & Anor v Hassanein Ltd [2022] EWCA Civ 1041

18 July, 2022

High Court rules that a council’s failure to comply with section 189A Housing Act 1996 duty to assess primary housing needs and set out steps to retain or secure suitable accommodation was unlawful

ZK, R (On the Application Of) v London Borough of Havering [2022] EWHC 1854 (Admin)

15 July, 2022

Court of Appeal rules that a council’s failure to provide evidence it had complied with its temporary accommodation acquisitions policy when making an out of borough placement was unlawful

Abdikadir v London Borough of Ealing [2022] EWCA Civ 979

6 July, 2022

Court of Session rules that a fresh homeless application triggers local authority’s duties under the Housing (Scotland) Act 1987 unless it is based on exactly the same facts as a previous application

Reclaiming motion by Abdelwahab-kaba Dafaalla against City of Edinburgh Council [2022] CSIH 30

1 July, 2022

Round-up of recent Upper Tribunal housing case law

30 June, 2022

Court of Appeal rules that when a council is deciding intentional homelessness it is not required to consider universal credit rates when assessing a claimant's reasonable living expenses in previous accommodation

Baptie v The Royal Borough of Kingston Upon Thames [2022] EWCA Civ 888

21 June, 2022

Court of Appeal rules that general damages awarded for breach of repairing covenant are within category of case that can be subject to the 10 per cent uplift authorised in Simmons v Castle

Khan v Mehmood [2022] EWCA Civ 791

16 June, 2022

European Court of Human Rights rejects complaint against housing association that reserved its housing for the Orthodox Jewish community

LF v the United Kingdom ECHR 203 (2022)

16 June, 2022

High Court rules that a tenant was not liable to pay his sub-tenant damages for failing to prevent her unlawful eviction by the head landlord

Brem v Murray & Anor [2022] EWHC 1479 (QB)

1 June, 2022

Round-up of recent Upper Tribunal housing case law

31 May, 2022

High Court rules that housing association must give more than a ‘generic’ decision when refusing a management transfer on grounds of domestic abuse

TRX v Network Homes Limited [2022] EWHC 456 (Admin)

31 May, 2022

High Court of Northern Ireland considers whether refugees who left Syria several years ago suffered ‘recent trauma’ in their current accommodation to qualify for additional points under Housing Executive allocation scheme

Swidani, Re Application for Judicial Review [2022] NIQB 17

25 May, 2022

High Court rules that a council housing applicant cannot be said to have caused their own statutory overcrowding by a ‘deliberate act’ if they lacked the funds to afford more suitable housing

Roman, R (On the Application Of) v London Borough of Southwark [2022] EWHC 1232

19 May, 2022 Open access

High Court rules that London Borough of Lambeth’s failure to properly consider Everyone In policy in refusing to accommodate woman with no recourse to public funds made decision unlawful

R(Cort) v London Borough of Lambeth [2022] EWHC 1085 (Admin)

18 May, 2022

Court of Appeal upholds High Court ruling that a 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 London Borough of Croydon [2022] EWCA Civ 670