Housing - 1997

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This page lists 118 cases, and was prepared on 28 October 2012.

Regina -v- Westminster City Council ex parte M (1997) 1 CCLR 85
1997	Benefits, Housing, Immigration	Casemap 1 Citers

Brent London Borough Council -v- Knightly (1997) 29 HLR 857
1997	Housing	Casemap 1 Citers
	Where there is a joint tenancy which goes into "limbo" and then one of the joint tenants dies, the surviving former joint tenant cannot apply for a revival of the joint-tenancy under section 85(4). All the deceased joint tenant had was a personal and non-transmissible right to apply for revival.

Northampton Borough Council -v- Robert Lovatt and Margaret Lovatt [1997] EWCA Civ 821
3 Jan 1997 CA	Housing, Landlord and Tenant
	Misbehaviour of a tenant in the immediate neighbourhood of tenanted property could be a nuisance in respect to that tenancy.
	Housing Act 1985 Sch 2 Ground 2
	Link[s] omitted

Regina -v- Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford) (1997) 29 HLR 756; [1997] EWHC Admin 4; (1997) 1 CCLR 294
13 Jan 1997 Admn Kay J	Housing, Children, Local Government	1 Citers
	Section 17(1) imposes an obligation in respect of the needs of an individual child.
	Children Act 1989 17(1)
	Link[s] omitted

London Borough of Camden -v- Joseph Hall and David Hall ex parte [1997] EWCA Civ 778
15 Jan 1997 CA	Housing
	Renewed application for leave to appeal granted.
	[ Bailii ]

Newlon Housing Trust -v- Rateb Alsulaimen and Tonie Alsulaimen [1997] EWCA Civ 793
16 Jan 1997 CA	Housing, Landlord and tenant	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- London Borough of Camden ex parte Jibril [1997] EWHC Admin 42; (1997) 29 HLR 785
21 Jan 1997 Admn Stephen Richards	Housing	Casemap 1 Citers
	The court considered what background could be allowed for when, in a homelessness application, the applicant said that it would be unreasonable to expect him to continue to occupy his present dwelling. Held: "in judging what is suitable, the authority is entitled to look at the position in broad terms, having regard to the general shortage and nature of accommodation."
	Link[s] omitted

Halifax Building Society (Formerly Leeds Permanent Building Society -v- Emmanuel Fanimi and Rowland Eze Aka [1997] EWCA Civ 811
21 Jan 1997 CA	Housing
	Link[s] omitted

Paddington Churches Housing Association Ltd -v- Sharif [1997] EWCA Civ 853
27 Jan 1997 CA Peter Gibson LJ, Buckley J	Housing	1 Cites
	The landlord had obtained a possession order against its secure tenant. The tenant had left to go to Egypt, and had been in arrears of rent. The tenancy obliged the tenant to occupy the prperty as his main residence. The landlord re-let the property, but the tenant then had the possession order set aside saying he had not had opportunity to take part in the proceedings. The Association had offered alternative accomodation. Held: The judge in setting aside the possession order had failed to allow for the fact that the main reason for the tenant's non-involvement was his own absence from the premises, and had failed to take proper consideration of the tenant's obligation to occupy the property. The judge had made an error of law and the Association's appeal succeeded.
	Link[s] omitted

Regina -v- London Borough of Islington ex parte Susan Ajayi [1997] EWCA Civ 862
28 Jan 1997 CA	Housing
	Housing Act 1985
	Link[s] omitted

Regina -v- London Borough of Islington ex parte Okocha [1997] EWHC Admin 82
29 Jan 1997 Admn	Housing
	Housing Act 1985
	Link[s] omitted

Ahmed -v- Mahmood [1997] EWCA Civ 894
30 Jan 1997 CA	Housing
	Link[s] omitted

Mayor and Burgesses of London Borough of Camden -v- Ishola Akanni [1997] 29 HLR 845; [1997] EWCA Civ 901
31 Jan 1997 CA Brooke LJ	Housing	Casemap 1 Cites 1 Citers
	The context in which the court is willing in a rare, but appropriate, case to intervene to nullify the execution of a warrant for possession goes back to the principles set out in McHenry v Lewis.
	Link[s] omitted

Dover District Council -v- Peter William Sherred John Bernard Tarling; [1997] EWCA Civ 926; (1997) 29 HLR 864
5 Feb 1997 CA	Housing	Casemap 1 Citers
	In the context of an application to condemn a property as unfit for human habitation, the court was asked to consider "whether the County Court judge should adopt what he called "a commonsense, lay, factual approach" in cases of this sort, or whether such cases depend upon technical issues which the judge decides in accordance with the expert evidence and is not free, on those technical matters, to substitute his own opinion." Held: The court should rely on expert evidence: "Where expert evidence is admissible in order to enable a judge to reach a properly informed decision on a technical matter, then he cannot set his own 'lay' opinion against the expert evidence which he has heard. But he is not bound to accept the evidence even of an expert witness, if there is a proper basis for rejecting it in the other evidence which he has heard, or the expert evidence is such that he does not believe it or for whatever reason is not convinced by it."
	Housing Act 1985 189
	Link[s] omitted

Robert Archibald Ralston -v- Chairman of East Midlands Rent Assessment Committee -v- Ms Pauline Plummer [1997] EWHC Admin 113
6 Feb 1997 Admn	Housing
	Link[s] omitted

Regina -v- London Borough of Brent ex parte Olufemi Baruwa [1997] EWCA Civ 1001
12 Feb 1997 CA	Housing
	Housing duties of local authority to person homeless as a result of not paying rent or mortgage.
	Housing Act 1985
	Link[s] omitted

Albany Home Loans Limited -v- Massey; Massey and Massey -v- Albany Life Assurance Company Limited; Metropolitan Unit Trust Managers Limited and Albany International Assurance Limited [1997] EWCA Civ 991
12 Feb 1997 CA	Housing, Land
	A mortgage possession order should not be made against one of two mortgagees only.
	Link[s] omitted

In the Matter of an Application for Judicial Review; Regina -v- Wolverhampton Metropolitan Borough Council ex parte Watters [1997] EWCA Civ 1021
14 Feb 1997 CA	Housing
	Link[s] omitted

Regina -v-Westminster City Council ex parte A, London Borough of Lambeth ex parte X , Lambeth London Borough Council ex parte P, Hammersmith and Fulham London Borough Council ex parte M [1997] EWCA Civ 1032; (1997-98) 1 CCL Rep 85; (1998) 30 HLR 10; (1997) 9 Admin LR 504; (1997) 1 CCLR 85
17 Feb 1997 CA The Master of The Rolls (Lord Woolf), Lord Justice Waite, Lord Justice Henry	Housing, Benefits, Immigration	Casemap 1 Cites 1 Citers
	This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary of State. Held: Appeal dismissed. Asylum seekers are not entitled merely because they lack money and accommodation to claim they automatically qualify under section 21(1)(a). They can claim as result of the 1996 Act that as a result of their predicament after they arrive in this country reach a state where they qualify under the subsection because of the effect upon them of the problems under which they are labouring. In addition to the lack of food and accommodation is to be added their inability to speak the language, their ignorance of this country and the fact they have been subject to the stress of coming to this country in circumstances which at least involve their contending to be refugees. Inevitably the combined effect of these factors with the passage of time will produce one or more of the conditions specifically referred to in section 21(1)(a). It is for the authority to decide whether they qualify. In making their decision, they can bear in mind the wide terms of the Direction which gives a useful introduction to the application of the subsection. The authorities can anticipate the deterioration which would otherwise take place in the asylum seekers condition by providing assistance under the section. They do not need to wait until the health of the asylum seeker has been damaged.
	National Assistance Act 1948 21(1)(a)
	Link[s] omitted

David Andrews Lesley Andrews -v- Roger Brewer Ann Brewer [1997] EWCA Civ 1029; [1997] 30 HLR
17 Feb 1997 CA Lord Justice Auld, Mr Justice Morland	Housing, Landlord and Tenant	Casemap 1 Cites 1 Citers
	Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously been operate as a guest house, and the landlord's contended that the intended use was for business purposes. The tenants claimed that the judge should have allowed a set off of the costs of repairs undertaken by the tenants against the arrears of rent. Held: The contract itself made the letting a residential one, and the form of contract was determinative. The letting was an assured tenancy. The notice was defective, but the clerical error was obvious and did not detract in any way from the effect of the notice. It did not mean that it was not substantially to the same effect as that in the prescribed form. The repairs were of items for which no notice of want of repair had been put to the landlords. There was no proper claim against him.
	Housing Act 1988 - Landlord and Tenant Act 1985
	[ Bailii ]

Regina -v- London Borough of Hounslow ex parte R [1997] EWHC Admin 165
19 Feb 1997 Admn Mr Stephen Richards	Housing	Casemap 1 Citers
	The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead to an applicant's homelessness did mean that the applicant was to be treated as being intentionally homeless. In this case a criminal act had led to imprisonment and his homelessness upon release. The approach to be adopted in considering whether an applicant became homeless intentionally is the test of reasonable likelihood rather than an unqualified test of causation in fact,
	Housing Act 1985 60(1)
	Link[s] omitted

C James & Sons -v- Puglia [1997] EWCA Civ 1051
19 Feb 1997 CA	Employment, Housing	Casemap 1 Cites
	Link[s] omitted

City Council of Bristol -v- Martin Mousah [1997] EWCA Civ 1081; (1997) 30 HLR 32
25 Feb 1997 CA Beldam LJ	Housing	1 Citers
	The tenant had been found guilty of allowing the premises to be used for the consumption and supply of crack cocaine. The assistant recorder held that it was not reasonable to make an order for possession. The council appealed. Held: The appeal succeeded. Beldam LJ said: "When there is such a serious breach of a condition of the tenancy, it is only in exceptional cases that it could be said that it was not reasonable to make the order."
	Link[s] omitted

Regina -v- London Borough of Haringey ex parte Nguyen [1997] EWHC Admin 188
26 Feb 1997 Admn	Housing
	Link[s] omitted

Brent London Borough Council -v- Knightley and Another [1997] EWCA Civ 917; (1997) 29 HLR 857
26 Feb 1997 CA Hirst LJ, Aldous LJ, sChiemann LJ	Landlord and Tenant, Housing	Casemap 1 Citers
	The daughter of a deceased tenant claimed succession to her mothers interest in a tenancy which was subject to a possession order. Held. There can be no succession to a tolerated trespasser under a former secure tenancy.
	Link[s] omitted

Newlon Housing Trust -v- Al-Sulaimen and Another
27 Feb 1997 CA	Landlord and Tenant, Family, Housing
	Possession proceedings were properly suspended pending a decision in matrimonial proceedings on the assignment of the tenancy.

Regina -v- London Borough of Harrow ex parte Byrne [1997] EWHC Admin 197
28 Feb 1997 Admn Rich J	Housing	Casemap 1 Cites
	Application to review decision that applicant though in priority need was homeless through her own voluntary act in failing to pay rent. Held: Sufficient evidence had been placed before the committee for it to be able to say that it could conclude, as it had, that the presumption that she was party to the failure to pay rent in her previous accomodation was not rebutted.
	Link[s] omitted

Mayor and Burgesses of London Borough of Camden -v- George Alexandrou [1997] EWCA Civ 1132
28 Feb 1997 CA	Housing, Landlord and tenant
	Link[s] omitted

Regina -v- Wolverhampton Metropolitan Borough Council Ex Parte Walters
4 Mar 1997 CA	Housing
	Assessment of priority for housing allows inclusion of non statutory matters.
	Housing Act 1985

Sanders & Another -v- Melle and Another [1997] EWCA Civ 1180
6 Mar 1997 CA	Housing
	Link[s] omitted

Regina -v- London Borough of Enfield ex parte Dondu Serbetli [1997] EWHC Admin 236
7 Mar 1997 Admn	Housing
	Housing Act 1985 {art III
	Link[s] omitted

District Estates Limited -v- Chairman of Merseyside and Cheshire Rent Assessment Committee; Ellis and D Latta [1997] EWHC Admin 251
12 Mar 1997 Admn	Housing
	Link[s] omitted

Milne-Berry, Madden -v- London Borough of Tower Hamlets [1997] EWCA Civ 1223
12 Mar 1997 CA	Housing, Local Government
	Right to buy.
	[ Bailii ]

Regina -v- Secretary of State for Environment ex parte Aston Ellisford Walters [1997] EWHC Admin 266
13 Mar 1997 Admn	Planning, Housing
	Link[s] omitted

London Borough of Harrow -v- Johnstone [1997] UKHL 9; [1997] 1 All ER 929; [1997] 1 WLR 459; [1997] 2 FCR 225; [1997] 1 FLR 887; [1997] Fam Law 478; [1997] 95 LGR 470
13 Mar 1997 HL Mustill, Browne-Wilkinson, Jaunceey of Tullichettle, Hoffmann, Clyde LL	Contempt of Court, Housing	Casemap 1 Cites 1 Citers
	A possession action was lawful against a remaining joint tenant after a notice to terminate the tenancy had been given by the other tenant. An order against interference with possession of property did not extend to matters of the duration of the tenancy. Lord Mustill said the Spycatcher injunctions were "obviously intended to stop the publication by any medium of materials which would compromise the pending proceedings"
	Link[s] omitted

London Borough of Tower Hamlets -v- Abdul Azad and Momta Begum [1997] EWCA Civ 1235
13 Mar 1997 CA	Housing
	Link[s] omitted

West Somerset District Council -v- Sykes [1997] EWCA Civ 1259
14 Mar 1997 CA	Benefits, Housing
	Link[s] omitted

West Wiltshire District Council -v- Snelgrove and Snelgrove [1997] EWHC Admin 285
17 Mar 1997 Admn	Housing, Crime	Casemap 1 Cites
	The council appealed against the acquittal of the defendants of offences under the 1977 Act. The occupiers were there under an informal temporary tenancy. The owners wished to move back in. The tenants had not left on the day appointed and on the day after the owners returned to find the house damaged and in a mess. The owners chose not to press charges, and the tenants after being intially refused entry to the house were let back in. On the same day. The magistrates found there was a licence only, and no tenancy and that the arrangement was an act of charity and a casual arrangement. Held: No money had passed or was to pass between the parties as payment for occupation, and therefore the occupation was excluded from protection under the Act. Payments had been for the utilities only.
	Protection from Eviction Act 1977
	Link[s] omitted

Regina -v- Southwark London Borough Council Ex Parte Bediako; Regina -v- Westminster County Council Ex Parte Zafru
17 Mar 1997 QBD	Housing
	The homeless status of the applicant is to be established and tested as the statutory investigation is completed, not just at the time the application is made.
	Housing Act 1985 Part III

Conrad Ryder-Large -v- Murray King (T/a Hotspur Lodge B and B) [1997] EWCA Civ 1261
17 Mar 1997 CA	Housing
	Link[s] omitted

Regina -v- Spelthorne Borough Council ex parte Khan [1997] EWCA Civ 1313
21 Mar 1997 CA	Benefits, Housing
	The claimant sought payment of housing benefit. The defendant refused, saying she had a relationship with the owner of the house, and that the tenancy was not genuine.
	Link[s] omitted

Regina -v- London Borough of Camden ex parte Rose Aranda [1997] EWCA Civ 1309
21 Mar 1997 CA	Housing
	Camden appealed a decsion that the applicant was not intentionally homeless.
	Link[s] omitted

Rosemary Violet Tinker -v- Roger Potts [1997] EWCA Civ 1336
25 Mar 1997 CA	Housing
	Link[s] omitted

Regina -v- London Borough of Kensington and Chelsea ex parte Pirie [1997] EWHC Admin 331
26 Mar 1997 Admn	Housing, Benefits
	Link[s] omitted

Regina -v- London Borough of Wandsworth ex parte Ann Garvey [1997] EWHC Admin 343
8 Apr 1997 Admn	Housing	Casemap 1 Cites
	The claimant said that the housing offered to her as a single mother with four children, one hyper-active, was inadequate. It was complained that the Doctor advising the authority had included in her report a consideration of what resources were available to the authority. Held: The report focussed on the recommendation, and the recommendation was of a particular type of housing. Her judgement was of the health, and effect on the health, of the applicant. It was not to be criticised, and the application failed.
	Housing Act 1995 69
	Link[s] omitted

In the Matter of an Application for Leave To Move for Judicial Review, Regina -v- Salisbury District Council ex parte Nicholas Markham-David [1997] EWCA Civ 1404
15 Apr 1997 CA	Benefits, Housing
	Link[s] omitted

Regina -v- London Borough of Islington ex parte Nelson [1997] EWHC Admin 370
15 Apr 1997 Admn	Housing
	Link[s] omitted

Regina -v- London Borough of Newham ex parte Tracy Jenner [1997] EWHC Admin 390
18 Apr 1997 Admn	Housing
	Link[s] omitted

Sarwjit Singh -v- Helen Emmanuel [1997] EWCA Civ 1519
24 Apr 1997 CA	Landlord and Tenant, Housing
	A notice to terminate a shorthold tenancy which was given within the first six months, but expired after the end of the six month period was effective.
	Housing Act 1988 21(1)(b)
	Link[s] omitted

Stephen St Catherine -v- Ujima Housing Association [1997] EWCA Civ 1606
1 May 1997 CA	Housing
	Link[s] omitted

Elitestone Ltd -v- Morris and Another [1997] UKHL 15; [1997] 2 All ER 513; [1997] 1 WLR 687
1 May 1997 HL Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead, Lord Clyde	Land, Housing	Casemap 1 Cites 1 Citers
	The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants' appeals succeeded. A built structure becomes part of the land and itself real property, according to the degree of annexation and purpose. In this case the bungalows were not demountable. Lord Clyde: "As the law has developed it has become easy to neglect the original principle from which the consequences of attachment of a chattel to realty derive. That is the principle of accession, from which the more particular example has been formulated, inaedificatum solo solo cedit. A clear distinction has to be draw between the principle of accession and the rules of removability. "
	Rent Act 1977
	Link[s] omitted

Rashid Ishak -v- Network Housing Association [1997] EWCA Civ 1618
2 May 1997 CA	Housing
	Link[s] omitted

Cunningham -v- Birmingham City Council [1997] EWHC Admin 440
6 May 1997 Admn Pill LJ, Astill J	Nuisance, Housing	Casemap 1 Cites
	The council appealed against the finding that the complainant's premises occupied under a tenancy of the council, constituted a statutory nuisance which they had a duty to abate. The claimant's son was disabled and his condition involved behavioural problems. She said that the kitchen was, in view of his condition too small and dangerous in its layout. Held: Whether premises are 'prejudicial to health' is an objective not a subjective test; there is no contrast with the test for nuisance. The magistrate had been wrong to determine the case in the way he did by relating the respondents' duties to the particular health requirements of Robert, the son of the the appellant.
	Environmental Protection Act 1990 79(1)(a)
	Link[s] omitted

Regina -v- Westminster City Council ex parte Khanom [1997] EWHC Admin 456
9 May 1997 Admn	Housing
	Challenge to decision that applicant was intentionally homeless.
	Link[s] omitted

Community Housing Association Limited -v- Masri and Masri [1997] EWCA Civ 1702
15 May 1997 CA Potters LJ, Holman J	Housing	Casemap 1 Cites
	The second tenant sought leave to appeal an order for possession of a flat. He had been joint tenant with his brother. The brother's solicitors had written on the basis that the first brother alone was tenant. Held: The case of Ayinde could not rescue the defendant. There had been no unequivocal surrender by the first brother. Leave was refused.
	Link[s] omitted

National Trust for Places of Historic Interest Or Natural Beauty -v- Donald Richard Knipe and Richard George Knipe [1997] EWCA Civ 1707; [1998] 1 WLR 230
15 May 1997 CA Pill LJ, Judge LJ	Agriculture, Housing	Casemap 1 Cites 1 Citers
	The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They fell into arrears of rent; and, having complied with the pre-requisites set by the Act of 1986, the landlords served a notice to quit. Held: A notice to quit an agricultural holding did not need to include the notice of eviction rights required for a domestic tenancy, even though the holding consisted in part of a dwelling. "Premises let as an agricultural holding, even if there is a dwelling upon the holding, do not constitute premises let as a dwelling for the purposes of s 5 of the Act. I accept the submission that the "premises" are the subject matter of the letting, that is the entire acreage, but they are let as an agricultural holding and not as a dwelling. The subject matter of the letting includes a dwelling but I cannot read the section as if it used the expression “premises which include a dwelling” or “any dwelling house let as a part of premises”.However that did not mean that such tenancies had the protection given by the 1977 Act.
	Agricultural Holdings Act 1986 - Protection from Eviction Act 1977 5
	Link[s] omitted

Regina -v- Blackpool Borough Council ex parte Livesley [1997] EWHC Admin 494
22 May 1997 Admn	Local Government, Housing
	Link[s] omitted

Payne and Woodland -v- Mayor and Burgesses of London Borough of Barnet [1997] EWCA Civ 1752
22 May 1997 CA	Land, Housing	Casemap 1 Cites
	The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers.
	Housing Act 1985
	Link[s] omitted

S O Okolo -v- Secretary of State for Environment and Kingston Upon Hull City Council [1997] EWCA Civ 1766
23 May 1997 CA	Housing
	Housing Act 1985 - Acquisition of Land Act 1981
	Link[s] omitted

Northumberland and Durham Property Trust Limited -v- Chairman of London Rent Assessment Committee and others [1997] EWHC Admin 504
23 May 1997 Admn	Housing
	Link[s] omitted

Regina -v- Camden London Borough Council, Ex Parte Mohammed [1997] EWHC Admin 502; [1997] 30 HLR 315
23 May 1997 Admn Latham J	Housing, Local Government	Casemap 1 Citers
	A local authority's policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining fairness between homeless persons in circumstances where they have decided that no duty is owed to the applicant, and proper consideration of the possibility that the applicant might be right and that to deprive him of accommodation could result in the denial of an entitlement. (4) ....certain matters will always require consideration, although other matters may also be relevant: (a) the ones requiring consideration were the merits of the case and the extent to which it can properly be said that the decision was one which was either contrary to the apparent merits or was one which involved a very fine balance of judgment; (b) whether consideration is required of new material, information or argument which could have a real effect on the decision under review; (c) the personal circumstances of the applicant and the consequences of an adverse decision on the exercise of the discretion.
	Housing Act 1996 188(3)
	Link[s] omitted

Brennan -v- London Borough of Lambeth [1997] EWCA Civ 1776; [1997] 30 HLR 481
3 Jun 1997 CA	Housing	Casemap 1 Cites 1 Citers
	The appellant sought to resist his eviction from temporary hostel accomodation provided to him by the local authority, saying that the provisions of the 1977 Act protected him. Held: The agreement was a licence excluded from protection by the definitions in the 1985 Act.
	Housing Act 1985 63(1) - Protection from Eviction Act 1977
	Link[s] omitted

Regina -v- London Rent Assessment Panel, Ex Parte Cadogan Estates Ltd [1997] EWHC Admin 515; (1998) 30 HLR 487; [1997] 3 WLR 833; [1997] 2 EGLR 134; [1998] QB 398; [1997] 34 EG 88; (1998) 76 P & CR 410
4 Jun 1997 Admn Kay J	Housing	Casemap 1 Citers
	If the proper rent is higher than the statutory maximum, then the rent should be so set and the assured tenancy status lost. The Committee was not prohibited from assessing the rent of the assured tenancy arising on termination of the long tenancy in excess of £25,000.
	Housing Act 1988 14
	Link[s] omitted

O'Rourke -v- Mayor etc of the London Borough of Camden [1997] UKHL 24; [1997] 3 WLR 86; [1998] AC 188; [1997] 3 All ER 23
12 Jun 1997 HL Lord Goff of Chieveley, Lord Mustill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann	Housing, Local Government, Administrative	Casemap 1 Cites
	The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in individuals for damages, nor to ensure that all homeless people are accommodated. The Act created no such right explicitly, and a public law means of enforcing the Act was in place. No private action for damages for breach lay against the council. Lord Hoffmann said: "the [Housing] Act [1985] is a scheme of social welfare, intended to confer benefits at the public expense on grounds of public policy. Public money is spent on housing the homeless not merely for the private benefit of people who find themselves homeless but on grounds of general public interest: because, for example, proper housing means that people will be less likely to suffer illness, turn to crime or require the attention of other social services. The expenditure interacts with expenditure on other public services such as education, the National Health Service and even the police. It is not simply a private matter between the claimant and the housing authority. Accordingly, the fact that Parliament has provided for the expenditure of public money on benefits in kind such as housing the homeless does not necessarily mean that it intended cash payments to be made by way of damages to persons who, in breach of the housing authority's statutory duty, have unfortunately not received the benefits which they should have done."
	Housing Act 1985 62
	Link[s] omitted

Sanctuary Housing Association -v- Nicola Baker and Glen Wanstall (1) [1997] EWCA Civ 1870
13 Jun 1997 CA	Housing
	Link[s] omitted

M M Al-Ameri -v- Jaber Dikir [1997] EWCA Civ 1877
16 Jun 1997 CA	Housing
	Link[s] omitted

Regina -v- Oxford County Council ex parte Doyle [1997] EWHC Admin 580
20 Jun 1997 Admn	Housing
	Hosuing Act 1985 59
	Link[s] omitted

Yvonne Baxter -v- Mayor and Burgesses of London Borough of Camden [1997] EWCA Civ 1931
20 Jun 1997 CA	Landlord and Tenant, Housing
	Link[s] omitted

Regina -v- London Borough of Waltham Forest ex parte Verna Green [1997] EWHC Admin 647
8 Jul 1997 Admn	Housing
	Whether applicant intentionally homeless.
	Link[s] omitted

Alan Krishnan -v- Harinder Pal Singh Gill and Mansish Kaur Gill [1997] EWCA Civ 2086
11 Jul 1997 CA	Housing, Torts - Other
	Link[s] omitted

Alan Krishnan -v- Harinder Pal Singh Gill and Mansish Kaur Gill (2) [1997] EWCA Civ 2087
11 Jul 1997 CA	Housing
	Link[s] omitted

Regina -v- London Borough of Enfield ex parte Beckles [1997] EWHC Admin 682
14 Jul 1997 Admn	Housing
	Link[s] omitted

Mayor and Burgesses of London Borough of Camden -v- Alexandrou [1997] EWCA Civ 2094
14 Jul 1997 CA	Housing
	Application for leave to appeal against possession order - council owned flat.
	Link[s] omitted

Regina -v- City of Westminster ex parte Mbayi [1997] EWHC Admin 684
15 Jul 1997 Admn	Housing	Casemap 1 Cites
	The applicant sought review of the decision of the respondent that she had refused accommodation. She wanted to assert that they had failed to take account of her medical needs. Held: The application had not proceeded at a proper case, but the parties disclosed a clear disagreement on the facts which the court was not able to resolve. The matter needed adjournment to allow cross-examination of witnesses.
	Link[s] omitted

Regina -v- London Borough of Newham ex parte Ayse Hassan [1997] EWHC Admin 697; [1996] 29 HLR 378
17 Jul 1997 Admn	Housing, Local Government	Casemap 1 Citers
	Link[s] omitted

Milton Parkins -v- Mayor and Burgesses of London Borough of Westminster [1997] EWCA Civ 2170
23 Jul 1997 CA	Housing	Casemap 1 Cites 1 Citers
	Application for leave to appeal - possession order - whether letting to probationary teacher was an assured tenancy - leave granted.
	Link[s] omitted

Regina -v- St Edmundsbury Housing Benefit Review Board ex parte Nicholas Sandys [1997] EWHC Admin 711
24 Jul 1997 Admn	Benefits, Housing	Casemap 1 Citers
	General counselling services to support tenant is only eligible for re-imbursement under housing benefit if it is in place to preserve fabric of the building in which the tenant lives.
	Housing Benefit (General Regulations) 1987 (1987 No 1971)
	Link[s] omitted

Regina -v- London Borough of Newham ex parte Tracey Jenner [1997] EWCA Civ 2294
12 Aug 1997 CA	Judicial Review, Housing
	Link[s] omitted

Regina -v- Blackpool Borough Council ex parte Livesley [1997] EWCA Civ 2309
21 Aug 1997 CA	Local Government, Housing
	Link[s] omitted

Regina -v- London Borough of Hounslow ex parte Malik Javid Khan [1997] EWCA Civ 2320
29 Aug 1997 CA	Housing, Benefits
	Link[s] omitted

Sanctuary Housing Association -v- Baker and Another (2) [1997] EWCA Civ 2333
5 Sep 1997 CA	Housing
	Link[s] omitted

Regina -v- The London Borough Of Islington Ex Parte Anthony J H Blissett HC Admin 804
9 Sep 1997 Admn	Housing
	The applicant asserted that he had a right under the council's policy to succeed to a council house tenancy granted to the appellant's deceased, homosexual partner. The authority had a policy which would normally allow a survivor of a homosexual couple to take over a tenancy on the death of a partner. The authority doubted that he had lived with the deceased man for the year before his death. Held: The council's decision was not so unreasonable as to be capable of being set aside.
	[ Bailii ]

Regina -v- The London Borough of Newham Ex Parte Arab Miah [1997] EWHC Admin 806
12 Sep 1997 Admn	Housing	Casemap 1 Cites
	The claimant was housed in temporary accommodation pending the determination of their homelessness claims. The claimant's wife suffered mental illness, and they wished to reject an offer of accommodation. The authority sought to argue that the accommodation already provided satisfied their duties to provide permanent housing. It was held that the authority had through its letters created a legitimate expectation that further accommodation would be offered which would be more appropriate, even if the initial offer was rejected.
	Housing Act 1985 65(2)
	Link[s] omitted

Regina -v- The London Borough of Newham Ex Parte Raksana Qureshi [1997] HC Admin 813
18 Sep 1997 Admn Judge Rich Qc	Housing	Casemap 1 Cites
	The applicant, and her children, had lived in England, but returned to Pakistan for six months. On their return they first lived with their parents, but then sought housing as homeless. She appealed the finding that she was intentionally homeless. The notice giving the reasons under a statutory provision had to be proper, adequate and intelligible and must be read in the context of the statutory provision itself, and to the particular facts. In this case the letter was inadequate, and the decision was set aside.
	Housing Act 1985 Part III
	Link[s] omitted

Mayor and Burgesses of London Borough of Camden -v- Patricia Timson [1997] EWCA Civ 2360
23 Sep 1997 CA	Housing
	Appeal against order for possession of council tenancy.
	Link[s] omitted

Mayor and Burgesses of London Borough of Camden -v- Patricia Timson [1997] EWCA Civ 2359
23 Sep 1997 CA	Housing, Litigation Practice
	Link[s] omitted

Regina -v- Mayor and Burgesses of London Borough of Islington ex parte B [1997] EWHC Admin 819
25 Sep 1997 Admn	Housing
	Link[s] omitted

Regina -v- Mayor and Burgesses of London Borough of Newham ex parte Larwood [1997] EWCA Civ 2399
2 Oct 1997 CA	Housing
	Link[s] omitted

Regina -v- London Borough of Islington ex parte Fiona Degnan [1997] EWCA Civ 2436
7 Oct 1997 CA	Housing
	Link[s] omitted

Curtis -v- Chairman of London Rent Assessment Committee; Huntingford and Packford [1997] EWCA Civ 2453; [1999] QB 92
9 Oct 1997 CA	Housing	1 Cites 1 Citers
	The claimant sought to appeal the quashing of determinations of a fair rent for two properties.
	Rent Act 1977
	Link[s] omitted

Geoffrey Dennis Bose -v- Mark Baenziger and Marie-Louise Baumann [1997] EWCA Civ 2448
9 Oct 1997 CA	Housing, Landlord and Tenant
	Link[s] omitted

London Borough of Camden -v- Joseph Hall and David Hall [1997] EWCA Civ 2461
10 Oct 1997 CA	Housing
	Appeal against order for possession of council owned house.
	Link[s] omitted

Regina -v- Westminster City Council ex parte N'Dormadingar
14 Oct 1997 QBD Lightman J	Housing	Casemap 1 Citers
	The failure of the applicant to make proper preparations for a house move is a proper consideration when assessing intentional homelessness.
	Housing Act 1988 60(3)

Mohammed Din and Mohammed Saqib -v- Cardiff City Council [1997] EWCA Civ 2521
17 Oct 1997 CA	Housing
	Housing Act 1985 Sch 10(6)
	Link[s] omitted

Thomas Coffey and Another -v- John Hopcraft [1997] EWCA Civ 2524
17 Oct 1997 CA	Housing
	Housing Act 1988
	Link[s] omitted

Ujima Housing Association -v- Ansah and Another [1997] EWCA Civ 2525; (1998) 30 HLR 831
17 Oct 1997 CA	Housing	1 Cites
	The tenant had created a sub tenancy, the result of which was that he no longer had any right to enter upon the property unless the sub-tenant surrendered his lease. Held: The tenant could not be said properly to be in occupation of the tenanted property. When a tenant has sublet, the question of whether he is still in occupation is for him to show as matter of substance.
	Housing Act 1988 1(1)
	Link[s] omitted

L & D Goodkind (Properties) Ltd -v- Marshall and Meiklejohn [1997] EWCA Civ 2543
21 Oct 1997 CA	Housing
	Link[s] omitted

Regina -v- Blackburn Borough Council ex parte Mohammed Molvi [1997] EWHC Admin 909
22 Oct 1997 Admn	Local Government, Housing
	Entitlement to housing grant.
	Local Government and Housing Act 1989 116
	Link[s] omitted

Secretary of State for Transport -v- Glen Jenkins; Richard Jenkins; Ray Spence and Paul Taylor [1997] EWCA Civ 2613
30 Oct 1997 CA	Housing
	Link[s] omitted

Mayor and Burgesses of London Borough of Newham -v- Josephine Phillips [1997] EWCA Civ 2611
30 Oct 1997 CA	Housing
	Housing Act 1980 30
	Link[s] omitted

Northampton Borough Council -v- Robert Kelvin Lovatt and Margaret Rose Lovatt [1997] EWCA Civ 2693; [1997] EWCA Civ 2693
11 Nov 1997 CA Lord Justice Henry, Lord Justice Pill, Lord Justice Chadwick	Local Government, Landlord and Tenant, Housing	Casemap 1 Cites
	The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants' children as 'conduct which is a nuisance or annoyance to neighbours' The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the section. Held: Under Simmonds the parents were responsible for the acts of their children. The acts had not however occurred on the premises subject to the order. By a majority, the acts need not occur on the premises.
	Housing Act 1985 84(1) Schedule 2
	Link[s] omitted

Regina -v- Hackney London Borough Council Ex Parte K
12 Nov 1997 CA	Housing
	A change in housing law is not retrospective so as to allow a local authority to re-assess an asylum seeker as not being in need of emergency housing. Once the decision had been made, it was improper to re-open it and give notice to existing tenants.
	Housing Act 1985

Newham London Borough Council -v- Phillips
12 Nov 1997 CA	Housing
	There was no possibility of a joint succession to a statutory tenancy even though the form was countersigned by the local authority.
	Housing Act 1985

Smith; Mclure; Smith -v- J C Plunkett and D J Todd [1997] EWCA Civ 2712
13 Nov 1997 CA	Landlord and Tenant, Housing
	[ Bailii ]

Regina -v- Leeds City Council ex parte Bell [1997] EWHC Admin 1016
14 Nov 1997 Admn Harrison J	Housing
	The claimant sought judicial review of the decision of the respondent local authority not to grant a tenancy to him, but rather to seek possession.
	Link[s] omitted

Cooper -v- Manchester City Council [1997] EWCA Civ 2745; [1997] EWCA Civ 3063
18 Nov 1997 CA	Housing
	Link[s] omitted

Parkins -v- City of Westminster [1997] EWCA Civ 2775; [1998] 1 EGLR 22
20 Nov 1997 CA	Housing, Landlord and Tenant	Casemap 1 Cites 1 Citers
	The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared. Held: It was not possible to identify any property, whether the flat or a part of the flat, in respect of which both the conditions of essential living facilities and exclusive possession were satisfied. The tenant never had exclusive possession of an entire dwelling, but shared several elements with the rest of the house. The licence agreement made it clear that the right to occupy was a right to be shared with other persons also similarly authorised by the corporation.
	Housing Act 1985 79 (1)
	Link[s] omitted

Regina -v- London Borough of Newham ex parte Adebiyi [1997] EWHC Admin 1074
2 Dec 1997 Admn	Housing
	Link[s] omitted

Regina -v- East Devon District Council ex parte Robb [1997] EWHC Admin 1085
4 Dec 1997 Admn	Housing	Casemap 1 Cites
	[ Bailii ]

Regina -v- London Borough of Southwark ex parte Campisi [1997] EWHC Admin 1089
4 Dec 1997 Admn	Housing	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- Royal Borough of Kingston Upon Thames ex parte Ash [1997] EWHC Admin 1090
4 Dec 1997 Admn	Housing
	Link[s] omitted

Bobsie Lloyd Stanbury -v- Mayor and Burgesses of London Borough of Lambeth [1997] EWCA Civ 2917
5 Dec 1997 CA	Housing, Damages
	The claimant had succeeded in his claim for damages against the council following their failure to comply with their obligations of repair under the 1985 Act. The council appealed an award of £1,500 for chattels damaged by the damp. Held: "I, for my part, would think it perfectly absurd in a case like this for one single further penny piece of public funds to be expended on its determination."
	Landlord and Tenant Act 1985 11
	Link[s] omitted

London Borough of Camden -v- Andrew Frederick McHugh [1997] EWCA Civ 2964
11 Dec 1997 CA	Housing
	Link[s] omitted

Regina -v- Mayor and Burgesses of London Borough of Tower Hamlets ex parte Von Goetz [1997] EWHC Admin 1120
11 Dec 1997 Admn	Housing	Casemap
	Local Government and Housing Act 1989 Part VIII
	Link[s] omitted

Regina -v- London Borough of Camden ex parte Pereira [1997] EWHC Admin 1134
15 Dec 1997 Admn	Housing	1 Cites 1 Citers
	Link[s] omitted

Mattathion Haron -v- Gladstone Williams and R Williams [1997] EWCA Civ 3023
17 Dec 1997 CA	Land, Housing
	Application for leave to appeal against possession order.
	Link[s] omitted

Regina -v- London Borough of Waltham Forest ex parte Kim Lesley Gardiner [1997] EWHC Admin 1150
17 Dec 1997 Admn	Housing
	Appeal against finding after refusal of offer of accomodation.
	[ Bailii ]

Regina -v- Newham London Borough Council, Ex Parte Medical Foundation for the Care of Victims of Torture and Others
26 Dec 1997 QBD	Benefits, Local Government, Housing
	The requirement to provide accommodation did not necessarily include a requirement for provision of board. Any such requirement must be justified by some other section of the Act.
	National Assistance Act 1948 Part III