Housing Legal Resources
Some of our notable cases
Pryce v London Borough of Southwark and Secretary of State for the Home Department (Intervener) (2012)
Ms Pryce was unlawfully present under domestic law but the sole carer of her British citizen children. She was successful in establishing that she has an EU right of residence under Article 20 TFEU, following the case of Zambrano. This enabled her to be eligible for homelessness assistance because she was not a person subject to immigration control and was a person with a right of residence. This right was not excluded by the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006.
[2012] EWCA 1572 7/11/2012. Reported at [2013] 1 WLR 996.
Adrian Berry
R (Buckinghamshire County Council) v Kingston upon Thames Royal Borough Council (2011)
No duty to consult had been required when a local authority moved a person whose care it had provided through supported housing, into another local authority jurisdiction.
[2011] EWCA Civ 457 19/4/2011 Reported at (2011) ACD 83
Stephen Knafler QC and Timothy Baldwin
R (RO) v East Riding of Yorkshire Council (2011)
Court of Appeal judgment on inter-play between s20 Children Act 1989 and Part IV of the Education Act 1996.
[2011] EWCA Civ 196 2/3/2011. Reported at [2011] 3 All ER 137 and (2011) 14 CCLR 256
Shu Shin Luh
R (Clue) v Birmingham (2010)
A local authority had been wrong to deny assistance to a family awaiting a decision on their application for indefinite leave to remain in the UK. Consideration should have been paid to their welfare whilst their application was in process.
[2010] EWCA Civ 460 29/4/2010. Reported at (2010) 4 All ER 423
Stephen Knafler QC & Nadine Finch
R (Boyejo) v Barnet London Borough Council; R (Smith) v Portsmouth City Council (2009)
Local authority decisions to withdraw residential warden services were unlawful in breach of the Disability Discrimination Act 1995.
[2009] EWHC 3261 Admin 15/12/2009. Reported at Times, January 22, 2010
Stephen Knafler
R (Garbet) v Circle 33 Housing Trust (2009)
A housing association's decision to withdraw residential warden services was unlawful because there had been a contractual obligation to provide those services and because those services had been withdrawn without prior consultation.
[2009] EWHC 3153 Admin 7/12/2009
Stephen Knafler
R (on the app of M) v Slough Borough Council (2008)
Local authority was not required to accommodate asymptomatic HIV+ asylum seeker.
[2008] UKHL 52 30/7/2008. Reported at (2008) 4 All ER 831 and [2008] HLR 44.
Stephen Knafler
R (on the app. of M) v London Borough of Hammersmith and Fulham (2008)
Important case clarifying local authority responsibilites towards homeless teenagers.
[2008] UKHL 14 28/2/2008. Reported at (2008) 1 WLR 535
Jan Luba QC
R (H) & others v Wandsworth, Lambeth and Islington London Borough Council (2007)
Homeless children in need must be accommodated under Children Act 1989, s 20 and not s 17. This case brings to an end the practice of many local authorities of accommodating child asylum-seekers, and others, under s 17, when those children meet the s.20 criteria.
[2007] EWHC 1082 Admin 23/4/2007. Reported at (2007) 2 FLR 2 822.
Stephen Knafler
R (PB) v Haringey London Borough Council & Secretary of State for Communities & Local Government (2006)
Local authority required to accommodate destitute mother engaged in child care proceedings, pending determination of her Article 8 (ECHR) claim for leave to remain
[2006] EWHC 2255 (Admin) 18/9/06. Reported at [2007] HLR 13.
Stephen Knafler
R (Limbuela) v Secretary of State for the Home Department (2005)
Breach of Article 3 not to support destitute asylum-seeker
[2005] UKHL 66 3/11/05. Reported at (2006) 3 HLR 10
Stephen Knafler
R (Grant) v Lambeth London Borough Council (2004)
Test case on Schedule 3 of Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 1711 16/12/04. Reported at [2005] HLR 27
Stephen Knafler
R (on the application of T) v Calderdale Metropolitan Borough Council (2004)
Community care provision for a disabled young person - 'choice' of provision
[2004] EWHC 1998 (Admin) 12/8/04. Reported at [2005] ACD 2.
Jan Luba
R (M) v Islington London Borough Council and Secretary of State for the Hone Department (2004)
Test case on section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 235 2/4/04. Reported at (2005) 1 WLR 884
Stehen Knafler
R (on the app of W) v Lambeth London Borough Council (2003)
Responsibility of local authority for the accommodation of children in need.
[2003] UKHL 57 23/10/03. Reported at [2004] AC 208
Stephen Knafler
R (DTS) v Secretary of State for the Home Department (2003)
Test case on Article 3 and asylum support.
[2003] EWHC Admin 1941 31/7/03. Reported at [2004] HLR 16
Stephen Knafler
R (Mani) v Lambeth London Borough Council (2003)
Local authority and not NASS responsible for disabled asylum seekers.
[2003] EWCA Civ 836 9/7/03. Reported at [2004] HLR 5
Stephen Knafler
R (Q) v Secretary of State for the Home Department (2003)
Test case on section 55 of the Nationality, Immigration and Asylum Act 2002
[2003] EWCA Civ 364 18/3/03. Reported at [2003] HLR 57
Stephen Knafler
Useful links
Housing Rights Information for New Arrivals to the UK
Housing Options - advisory service for people with disabilities
Housing Learning and Improvement Network
MIND Guide to Housing and Mental Health
Community Care Grant information
Age UK's Care Homes Housing Guide
Some of the legislation
Housing and Regeneration Act 2008 (s. 314: Ineligible Persons from Abroad)
Housing and Regeneration Act 2008 (Schedule 15: Ineligible Persons from Abroad)
Homelessness Act 2002
Part VII of the Housing Act 1996 as amended
Some of our notable cases
Yemshaw v Hounslow London Borough Council (2011)
Establishes that "domestic violence" in the Housing Act 1996 includes psychological and related forms of domestic abuse and applicants application for housing assistance could be reassessed.
[2011] UKSC 3 26/1/2011. Reported at (2011) 1 WLR 433
Stephen Knafler QC
R (Raw) v Lambeth London Borough Council (2010)
Regarding the duties of a local authority under s.186 of the Housing Act 1996 to continue with a homelessness application from an applicant whom it had also referred to a private lettings agent.
[2010] EWHC 507 (Admin) 12/3/2010
David Watkinson
Birmingham City Council v Ali and others (2009)
Women who are occupying rooms in women's refuges, having fled domestic violence, do not have any accommodation which it is reasonable to continue to occupy. As a result, they are "homeless" within the statutory definition of homelessness and entitled to the benefit of homelessness assistance from local housing authorities under Part 7 Housing Act 1996.
[2009] UKHL 36 1/7/2009. Reported at (2009) 1 WLR 1506.
Jan Luba QC & Stephen Knafler & Liz Davies
Holmes-Moorhouse v Richmond upon Thames (2009)
Whether a separated homeless parent can rely on a shared residence order from a family court to achieve priority for re-housing.
[2009] UKHL 7 4/2/2009. Reported at (2009) 3 All ER 277 & (2009) 2 FCR 277
Jan Luba QC
Barry v London Borough of Southwark (2008)
Whether an EEA national was eligible for homelessness assistance as a worker where he had worked for two weeks at a tennis championship and sought to retain worker status.
[2008] EWCA Civ 1440 19/12/2008. Reported at [2009] HLR 30.
Adrian Berry
Teixeira v London Borough of Lambeth (2008)
Re. eligibility of an EU national for homelessness assistance. Referred to the European Court of Justice.
[2008] EWCA Civ 1088 10/10/2008. Reported at [2009] HLR 9
Adrian Berry
Ehiabor v Royal Borough of Kensington & Chelsea (2008)
Whether a child born in the UK, who had never left the country, could be a "person from abroad" for the purposes of homelessness legislation.
[2008] EWCA Civ 1074 8/5/2008.
Jan Luba QC & Adrian Berry
R (on the app. of M) v London Borough of Hammersmith and Fulham (2008)
Important case clarifying local authority responsibilites towards homeless teenagers.
[2008] UKHL 14 27/2/2008. Reported at (2008) 1 WLR 535.
Jan Luba QC
Shala v Birmingham City Council (2007)
Guidance provided by the court as to consideration of medical evidence in homelessness priority need cases, and the use of medical advisers.
[2007] EWCA Civ 624 27/6/2007. Reported at [2008] HLR 8
Edward Fitzpatrick
Fletcher v London Borough of Brent (2006)
Definition of homelessness. Whether right to remain in occupation after notice to quit by joint tenant exception to no second appeal rule.
[2006] EWCA Civ 960 7/7/2006. Reported at [2007] HLR 12
David Watkinson
R (Omatoyo) v City of Westminster (2006) (no link)
Correct approach to JR interim relief in homelessness cases
[2006] EWHC 2572 (Admin) 21/9/06
Stephen Knafler
R (Calgin) v Enfield London Borough Council (2005)
Whether resources relevant to operation of Housing Act 1996, s.208
[2005] EWHC Admin 1716 29/7/05. Reported at [2006] HLR 4
Stephen Knafler
Conville (R on the application of) v London Borough of Richmond Upon Thames (2006)
Duties owed to the intentionally homeless
[2006] EWCA Civ 718 8/6/06. Reported at [2006] HLR 45
Jan Luba QC and Liz Davies
William (Adel) v London Borough of Wandsworth: Bellamy (Donna) v London Borough of Hounslow (2006)
Intentional homelessness
[2006] EWCA Civ 535 4/5/06. Reported at [2006] HLR 42
Jan Luba QC
Barnet LBC v Ismail and Abdi (2006)
Non-qualified EEA national on income support eligible for housing
[2006] EWCA Civ 383 6/4/06. Reported at [2006] HLR 23
Stephen Knafler
Griffiths (Sharon) v St Helen's Council (2006)
Discharge of the homelessness duty
[2006] EWCA Civ 160 7/3/06. Reported at [2006] HLR 29
Jan Luba QC
R (Paul-Coker) v London Borough of Southwark (2006)
Homelessness and interim accommodation pending review, there was an unreasonable refusal letter failing to adequately apply the ex parte Mohammed test in context of an arguable habitual residence of Claimant
[2006] EWHC 497 (Admin) 3/3/06. Reported at [2006] HLR 32
Adrian Berry
Crossley v City of Westminster (2006)
Priority need and "vulnerability"
[2006] EWCA Civ 140 23/2/06. Reported at [2006] HLR 26
Jan Luba QC
R (on the application of Maryam Mohamed) v London Borough of Harrow (2005)
Homelessness and interim accommodation pending review, whether EC Workers and EU Citizens excluded from consideration.
[2005] EWHC 3194 Admin 13/12/05. Reported at [2006] HLR 18
Adrian Berry
Ryde v Enfield London Borough Council (2005)
Breach of Homelessness Review Regulations must cause prejudice
[2005] EWCA Civ 1281 13/10/05
Michael Paget
London Borough of Tower Hamlets v Begum (Rikha) (2005)
Repeat homelessness applications
[2005] EWCA Civ 340 23/3/05. Reported at [2005] HLR 34
Jan Luba QC
London Borough of Newham v Khatun (2) Zeb (3) Iqbal & The Office of Fair Trading (Interested Party) (2004)
Choice of accommodation for homeless people; impact of Unfair Terms in Consumer Contracts regulations on tenancy agreements
[2004] EWCA Civ 55 24/2/04. Reported at [2005] QB 37.
Jan Luba QC and Stephen Knafler
Al-Ameri v Kensington & Chelsea Royal London Borough Council (2004)
Local authority's housing of asylum seekers and preferences of asylum seeker.
[2004] UKHL 4 5/2/04. Reported at [2004] HLR 20
Jan Luba QC and Liz Davies
Useful links
Handbooks on Homlelessness Good Practice
Latest Homelessness Statistics (DCLG)
Homeless Link's resources, policy and guidance
Homelessness Guidance (DCLG)
Crisis
Some of the legislation
Housing and Regeneration Act 2008 (Schedule 11)
Housing Act 1996 (Part V)
Part IV of the Housing Act 1985 (Public Sector Tenants)
Part I of the Housing Act 1988 (Private Sector Tenants since 1989)
Rent Act 1977 (Private Sector Tenants before 1989)
Some of our notable cases
Southend-on-Sea Borough Council v Robert Armour (2012)
Important example of a defence relying on the right to respect for the home in Article 8 of the ECHR succeeding. On an appeal to the High Court the dismissal of a claim for possession against an Introductory Tenant on the basis that eviction would infringe his human rights was upheld. The High Court confirmed that the time when facts need to be assessed under Article 8 is the time of the hearing of the possession.
Southend County Court 12/3/2012
Jan Luba QC
Camden London Borough Council v Stafford (2012)
Landmark judgment establishing that unconditional notice must be given if a council wishes to evict an introductory tenant during their trial period.
[2012] EWCA Civ 899 20/6/2012. Reported at [2012] WLR(D) 184.
Jan Luba QC
City of London v Samede and others (2012)
The Council sought possession of the Occupy encampment on the courtyard and highway adjacent to St Paul's cathedral. The defendants contended that, having regard to their rights under Human Rights Act 1998 Schedule 1 Articles 10 and 11, any eviction would be disproportionate. The High Court granted a possession order and injunctions.
[2012] EWHC 34 18/1/2012. Reported at (2012) All ER 1017
Michael Paget
Places for People Ltd v Sharples (2011)
The leading case on the interface between rent arrears, possession proceedings and bankruptcy.
[2011] EWCA Civ 813 15/7/2011. Reported at [2011] HLR 45
Jan Luba QC
London Borough of Hounslow v Powell (2011)
One of three linked appeals dealing with the impact of Pinnock (see Possession cases below) on the majority of social housing tenancies without security of tenure.
[2011] UKSC 8 23/2/2011. Reported at [2011] 2 All ER 129
Jan Luba QC
Manchester City Council v Pinnock (2010)
Now the leading case on the impact of Article 8 of the Human Rights Convention upon housing possession claims made by social landlords.
[2010] UKSC 45 3/11/2011. Reported at (2011) 1 All ER 285
Jan Luba QC
Metropolitan Housing Trust v Hadjazi (2010)
The leading case on the construction of Ground 14A (domestic violence) of the grounds for possession against assured tenants.
[2010] EWCA Civ 750 1/7/2010. Reported at (2010) HLR 39
Jan Luba QC
Austin v London Borough of Southwark (2010)
In a landmark judgment, the Supreme Court explains how the nonsense" of the "tolerated trespasser" was created and applied by the judiciary in Housing possession cases for over 20 years, finally ending it.
[2010] UKSC 28 23/6/2010. Reported at (2010) 3 WLR 144
Jan Luba QC & Desmond Rutledge
Salford City Council v Mullen (2010)
Whether introductory tenants and non-secure tenants could defend claims to evict them by relying on their right to respect for their homes.
[2010] EWCA Civ 336 30/3/2010. Reported at [2010] HLR 35
Jan Luba QC
Secretary of State for the Environment, Food and Rural Affairs v Meier and Ors (2009)
Supreme Court ruled that the Court had no power to make a wide possession order in circumstances where part of the land to which it related had not been occupied by the Travellers.
[2009] UKSC 11 1/12/2009. Reported at (2009) 1 WLR 2780
Marc Willers
Welwyn Hatfield Council v McGlynn (2009)
Whether a non-secure tenant had established a seriously arguable case that the decision to evict him was unreasonable.
[2009] EWCA Civ 285 1/4/2009. Reported at [2010] HLR 10
Jan Luba QC
Central Bedfordshire Council v Taylor (2009)
Re. the reasonableness of local authority to seek possession and the extent of duty to consider the personal circumstances of the occupier.
[2009] EWCA Civ 613 23/6/2009. Reported at (2010) 1 All ER 516.
David Watkinson
R (on the app. of Weaver) v London & Quadrant Housing Trust and the Equality & Human Rights Commission (2009)
Landmark decision confirming that tenants of housing associations can assert human rights arguments in both defending possession claims and in taking judicial review proceedings.
[2009] EWCA Civ 587 18/6/2009. Reported at (2009) 4 All ER 865.
Jan Luba QC
Bracknell Forest Borough Council v Green (2009)
Summary: a council's appeal from a refusal to order possession against a tenant for under-occupying the council house in which he had lived all his life was dismissed.
[2009] EWCA Civ 238 20/3/2009 Reported at [2009] HLR 654
Jan Luba QC
Knowsley Housing Trust v White (2008)
Landmark case where House of Lords decided that 'tolerated trespasser' status does not apply to an assured tenant because the tenancy was not terminated by a possession order until the moment of eviction or delivery up of a possession order.
[2008] UKHL 70 10/12/2008. Reported at (2009) 1 AC 636.
Jan Luba QC
Truro Diocesan Board of Finance v Foley (2008)
Interpretation of the provisions as to continuation of protected tenancies after the coming into force of the Housing Act 1988 applying the HRA, meaning of agreement for a tenancy.
[2008] EWCA Civ 1162 22/10/2008. Reported at (2009) 1 All ER 814.
David Watkinson
Newport City Council v Charles (2008)
A successor tenant failing to tell the local authority of his mother's death did not create a proprietary estoppel on which the authority could rely to defeat the time limit contained in Ground 16 of Schedule 2 of the Housing Act 1985.
[2008] EWCA Civ 1541 17/7/2008. Reported at [2009] HLR 18.
John Beckley
Lewisham London Borough Council v Malcolm (2008)
The leading authority on the Disability Discrimination Act 2005, exploring its interface with possession proceedings.
[2008] UKHL 43 25/6/2008. Reported at (2008) 3 WLR 194.
Jan Luba QC
Bristol City Council v Hassan & Anor (2006)
Appeal against the form of a suspended possession order. This case stopped suspended possession orders against secure tenants.
[2006] EWCA Civ 656 23/5/06. Reported at (2006) 1 WLR 2582 and [2006] HLR 31
Jan Luba QC
Knowsley Housing Trust v McMullen (2006)
Protecting the "innocent" tenant with an anti-social son
[2006] EWCA Civ 539 9/5/06. Reported at [2006] HLR 43
Jan Luba QC
Kay & Anor v. London Borough of Lambeth & Ors: Price & Ors v Leeds City Council (2006)
Key case establishing the right of possession and Article 8 ECHR.
[2006] UKHL 10 8/3/06. Reported at [2006] HLR 22
Jan Luba QC and David Watkinson
Helena Housing Ltd v (1) Pinder (2) Corns (3) O'Donnell: Mayor & Burgesses of the London Borough of Lambeth v O'Kane (2005)
Suspended possession orders
[2005] EWCA Civ 1081 28/7/05. Reported at [2006] HLR 2
Jan Luba QC
North British Housing Association Ltd v (1) Matthews (Lorraine) (2) Snaith (Michael) (3) Masood (Laila) London & Quadrant Housing Ltd v Morgan (Lee) (2004)
Can a landlord's claim for possession on a mandatory ground for arrears of rent be adjourned where non-payment is the result of housing benefit delays
[2004] EWCA Civ 1736 21/12/04. Reported at [2005] HLR 17
Jan Luba QC
Council of the City of Manchester v Romano (Sharon):Council of the City of Manchester v Samari (Yvonne) (2004)Mental disability, eviction proceedings against secure tenants, effect of Disability Discrimination Act 1995
[2004] EWCA Civ 834 29/6/04. Reported at (2005) LGR 282.
Jan Luba QC
Qazi v Harrow London Borough Council (2003)
Violation of former tenant's human rights under Art 8 ECHR following possession proceedings by landlord
[2003] UKHL 43 3/7/03. Reported at (2004) 1 AC 983 and [2003] HLR 75
Jan Luba QC and Edward Fitzpatrick
Useful links
Mortgage and Landlord Possession Statistics (Ministry of Justice, July-Sept 2012)
Research Report from the CAB on Possession cases
Shelter’s Repossession pages
Housing Law Website's Guide to Tenancies and Possession
Repossession data and statistics from the DCLG
Books
Defending Possession Proceedings (7th ed. 2010) by Garden Court Chambers tenant, Jan Luba QC (and others).
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Disclaimer
Although we have made an effort to prepare this information correctly and keep it up-to-date, Garden Court Chambers does not guarantee the accuracy or currency of the information contained in these Legal Resources pages.
