swarb.co.uk - law index
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Housing - From: 1994 To: 1994
This page lists 26 cases, and was prepared on 27 May 2018.
Sampson v Wilson [1994] 26 HLR 486
1994
Housing, Damages
The court considered the dangers of a double award of damages for a landlord's breach of his covenant for quiet enjoyment.
Housing Act 1988 27(5)
1 Citers
London Borough of Tower Hamlets v Ayinde (1994) 26 HLR 631
1994
CA
Nourse LJ
Housing
The tenant had gone out of possession, moving permanently back to Nigeria and at the same time writing to the landlord to say that he and his family had moved and had agreed that the defendant (a cousin who had lived with him prior to his return to Nigeria) should take over the tenancy. Held: There had been an unequivocal surrender by operation of law. Thereafter, by various actions and steps of apparent acceptance of the resident cousin as tenant, the landlord was deemed both to have granted a new tenancy and to have accepted the former tenant's offer of surrender. Nourse LJ: "The judge would have concluded that a new tenancy had been granted from the following facts: first, the plaintiffs had had express notice that the [former tenant] had permanently vacated the flat in the summer of 1985 and had expressed an unequivocal intention to terminate the tenancy; secondly, the plaintiffs well knew that the defendant and her family had exclusive occupation of the flat from that date; thirdly, the plaintiffs knew that the defendant and her husband were paying rent on their own behalf from that date.
Mr Rutledge submits that there was never an unequivocal offer by the (former tenant) to surrender their tenancy to the plaintiffs; only an offer to assign it to (the defendants) which, by section 91 of the 1985 Act, was prohibited. I rejected that submission. I agree with Mr. Salter, for the defendant, that it is a distinction without a difference. In their letters of June 17 and July 21, 1985 the (former tenants) had made it very clear, to the plaintiffs as well as to the defendants, first, that they did not want their tenancy to continue; secondly, that they wanted the (defendants) to be the tenants. They cannot be credited with a lawyer's intention to use a term like �transfer' as a term of art. Section 91 does not assist the plaintiffs. Indeed, if an assignment or transfer was prohibited, all the more reason for treating the offer as an offer to surrender." There was a deemed acceptance of the surrender of the former tenant by the various acts which had been apt also to create the new tenancy.
1 Citers
Ortiz v City of Westminster [1994] 27 HLR 364
1994
CA
Simon Brown LJ
Housing
The applicant was a twenty four year old woman with a history of drug addiction and alcoholism. There was in fact suitable hostel accommodation available which had been offered to the applicant at the relevant time and it was hard to see why she needed the remedy of judicial review. She sought leave to appeal against rejection of her claim for judicial review of the authority's decision not to treat her as vulnerable in her application for housing. Held: Summarising the application: "The essence of her case is that once she established that she had a particular need for suitable accommodation and would suffer more than most if she failed to acquire it, then that of itself was sufficient to establish that she was vulnerable within the meaning of the legislation so as to give her a priority need." Approving Di Domenico: "In my judgment that approach is plainly right. In order to satisfy the test of vulnerability, as explained in the decision in ex parte Bowers , an applicant must in my judgment surmount two hurdles. First, he (or she) must show that to some material extent he or she is less able to obtain suitable accommodation than the ordinary person and secondly, that if he fails to obtain it, then he will suffer more than most. It is in my judgment the first of those hurdles which the applicant so conspicuously fails to surmount in the present case. The position is strikingly different from that in ex parte Bowers itself where, as the judgment recorded: "since the accident nobody will give him lodging ...". Here, for the reasons already indicated, there is no factual basis upon which the authority could conclude, let alone were bound to conclude, that this applicant would suffer peculiar difficulty in obtaining suitable accommodation."
1 Cites
1 Citers
Regina v Westminster City Council, ex parte Reid (1994) 26 HLR 690
1994
QBD
Mr Robert Carnwath QC
Housing
The court applied the "reasonable result" approach in deciding whether the applicant had caused his own homelessness.
Regina v Dorset County Council, Ex Parte Rolls and Another Times, 01 February 1994
1 Feb 1994
QBD
Housing
The definition of 'gypsy' covers persons who travel to make a living.
Caravan Sites Act 1968 16
(No Title Given); SSAT 23-Feb-1994 - Gazette, 23 February 1994
Regina v Tower Hamlets London Borough Council, ex parte Khalique Independent, 07 April 1994; Times, 17 March 1994
17 Mar 1994
QBD
Housing
It was unlawful to defer the provision of settled accommodation on the basis of a rigid policy. 'Board' within Local Authority running homeless policy was an abuse of power and unlawful.
Housing Act 1985 65(2)
Regina v Brent London Borough Council Ex Parte Awua Independent, 31 March 1994; Times, 26 April 1994
31 Mar 1994
CA
Dillon, Leggatt, Henry LJJ
Housing, Landlord and Tenant
Temporary housing may be treated as being settled, so an abandonment of it may be intentional homelessness.
The applicant had been accepted by Tower Hamlets as unintentionally homeless and in priority need, and given temporary accommodation. She refused a permanent place offered to her and was evicted. She applied to Brent who concluded that her refusal of accommodation made her intentionally homeless. Brent now appealed a finding against them. Held: It was relevant when looking at the provision of public sector housing to the homeless, that an authority had previously accepted her as unintentionally homeless. It could not be assumed she would reject any offer made. Nevertheless Brent had to make its own assessment. It had asked itself the correct questions, not only whether she had acted reasonably in failing to accept an offer, but also whether the temporary accommodation was suitable. Appeal allowed.
Housing Act 1985 65
1 Cites
1 Citers
Regina v Brent London Borough Council Ex Parte MacWan; CA 6-Apr-1994 - Independent, 15 April 1994; Times, 06 April 1994; (1994) 26 HLR 528
Goringe v Twinsectra Ltd (1994) LAGB June 11
20 Apr 1994
Housing
Section 34(1)(b) of the 1977 Act should to be read subject to a limitation that it applies that a new tenancy must be a tenancy of the same premises as the old.
Rent Act 1977 34(1)(b)
1 Citers
Hammersmith and Fulham London Borough Council v Hill; CA 25-Apr-1994 - Ind Summary, 02 May 1994; Gazette, 08 June 1994; Times, 25 April 1994; [1994] 27 HLR 368
Regina v Sefton Metropolitan Borough Council Ex Parte Healis Times, 02 May 1994
2 May 1994
QBD
Housing
A local authority may not rely for homelessness application on information on transfer.
Housing Act 1985 58
Ex Parte B (Homelessness) Times, 03 May 1994
3 May 1994
QBD
Housing
An applicant can be intentionally homeless despite having mental health problems.
Cheltenham and Gloucester Building Society v Grant Ind Summary, 23 May 1994; Times, 09 May 1994
23 May 1994
CA
Housing, Litigation Practice, Land, Evidence
The District Judge is to exercise his discretion informally on suspending possession, and need not apply the rules of evidence rigidly. He may consider that the defendant has sufficent means to support a clearance of the arrears over a reasonable period of time and thus to suspend the rder for possession, without taking direct evidence from him.
Administration of Justice Act 1970 - Administration of Justice Act 1973 8
Regina v South Hams District Council, ex parte Gibb and Another, Regina v Gloucester Cc, ex parte Davies Independent, 15 June 1994; Times, 08 June 1994; Gazette, 07 September 1994; [1995] QB 158
8 Jun 1994
CA
Neill and Leggatt LJJ
Housing, Discrimination
The meaning of 'Gypsy' under the Act requires some element of travelling, and should include that this was associated with the means of earning a living. In applying the statutory definition of gypsies the actual words used are to be used, taking account of the purpose of the Act and the duty imposed The are relevant (1) The links within the group and with other groups who might visit. Living and travelling together in cohesive groups is a feature of nomadic peoples. (2) The pattern of the journeys. Though a group may have a permanent residence (Greenwich v. Powell �), a nomadic habit involves travelling. Since the duty relates to the provision of accommodation 'for gypsies residing in or resorting to' the area it is relevant to inquire whether the group visits regularly. (3) The purpose of the travel. The word 'nomadic' no longer has any connection with the concept of 'seeking pasture,' but in the Act the word 'nomadic' adds to the words 'habit of life' a sense of purpose for the travelling. 'habit of life' also involves purposive activities including work and that travel forms part of that habit of life.
Caravan Sites Act 1968 6 16
1 Cites
1 Citers
Regina v Kensington and Chelsea Royal Borough Council, ex parte Amarfio Times, 04 July 1994
4 Jul 1994
QBD
Housing
A YTS trainee is no longer a dependent child for homelessness purposes.
Regina v Wandsworth London Borough Council Ex Parte Hawthorne Gazette, 12 October 1994; Independent, 28 July 1994; Times, 14 July 1994; [1994] 27 HLR 59
14 Jul 1994
CA
Housing
A failure to pay rent and loss of a home which was caused by the tenant's own poverty is not necessarily to be treated as intentional homelessness.
Housing Act 1985 60(1)
1 Citers
Regina v Northavon District Council ex parte Smith; HL 18-Jul-1994 - Gazette, 19 October 1994; Independent, 21 July 1994; Times, 18 July 1994
Johnson v Felton Ind Summary, 15 August 1994
15 Aug 1994
CA
Landlord and Tenant, Housing
A statutory tenancy was not a lease and the court had no jurisdiction to vary its terms.
Housing Act 1985 317 621
Regina v Newham London Borough Council Ex Parte Dada Independent, 15 September 1994; Times, 29 July 1994
15 Sep 1994
QBD
Housing
An unborn child is a sufficient 'person' to be someone who might reside with an applicant wanting to be housed.
Housing Act 1985 75
Regina v Kensington and Chelsea London Borough Council Ex Parte Amarfio Ind Summary, 19 September 1994
19 Sep 1994
QBD
Housing
Youth Trainee Scheme trainee is independent, and should not to be included in family's housing need assessment even though only small income.
Housing Act 1985 59-1-b
Regina v Poole Borough Council Ex Parte Cooper Times, 21 October 1994; Independent, 13 October 1994
13 Oct 1994
QBD
Local Government, Housing
Statutory housing enquiries may not be held as confidential to the authority. The information is obtained by the Local Authority in order to be put to the homeless applicant, and no privilege can be attached or given.
Network Housing Association Ltd v Westminster City Council Times, 08 November 1994; Ind Summary, 07 November 1994; [1995] Env LR 176; [1995] 27 HLR 189
7 Nov 1994
QBD
Environment, Nuisance, Housing
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one flat from the flat above due to the absence (under ceiling, on floor or in the ceiling/underfloor void) of proper insulation. The only way in which the housing association could therefore abate the nuisance was by installing proper sound insulation. Nothing effective was said about how the noise could be abated, because the experts differed. Held: A nuisance or noise abatement notice had to be specific enough to allow the person served to gain knowledge of what work was required of him to be carried out to secure compliance.
Environmental Protection Act 1990
1 Citers
Regina v Kingswood Borough Council Ex Parte Smith-Morse; QBD 8-Dec-1994 - Times, 08 December 1994
Regina v Tower Hamlets London Borough Council Ex Parte Khatun Times, 08 December 1994
8 Dec 1994
CA
Housing
Homelessness interview was valid though the interviewer knew of housing shortage.
1 Cites
1 Citers
Regina v Lambeth London Borough Council Ex Parte Sarbrook Ltd Times, 14 December 1994
14 Dec 1994
QBD
Housing
A local authority was not responsible in damages to the owner of a property for a failure to serve a notice to quit.
Housing Act 1985 270
