Housing Legal Resources

Welcome to the Housing Legal Resources. Below you will find a list of Housing topics from where you will be able to access legislation, research materials, some of our notable cases (from 2000 onwards) and links to relevant websites. Note that Chambers produces a free regular weekly digest, the Housing Law Bulletin. To see the latest issue click here. To take out a free subscription click here.

One of our barristers, Jan Luba QC also contributes monthly articles to the journal 'Legal Action' called 'Recent Developments in Housing Law' . The current article is only available in the Legal Action magazine and to view this you would need to subscribe at http://www.lag.co.uk. But to see any of the issues from January 2008 to date click on the 'Legal Action Housing Updates Button" in the left margin.

Allocation of Housing
Anti-Social Behaviour
Community Care & Housing
Disrepair
Homelessness
Housing Benefit
Housing & Human Rights
Landlord & Tenant
Possession
Unlawful Eviction & Harassment of Occupiers
General Housing Links & Legislation

Allocation of Housing

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)
Part VI of the Housing Act 1996

Some of our recent notable cases
Birmingham City Council v Qasim (2009)
Whether council tenancies granted by a housing officer were valid if they were not authorised under the council's allocation scheme.
[2009] EWCA Civ 1080 20/10/2009. Reported at [2009] 43 EG 104.
Jan Luba QC
R (Ahmad) v Newham London Borough Council (2009)
A housing authority should only allocate housing according to the statutory requirements, notably contained in Housing Act 1996. A housing authority was not required to assign priority to applicants according to the seriousness of their relative needs.
[2009] UKHL 14 4/3/2009. Reported at [2009] HLR 31.
Jan Luba QC

Useful links
Response to the Government's consultation on a new Code of Guidance concerning Allocation of Social Housing by Garden Court Chambers Housing Team
Guidance on Choice-Based Lettings (DCLG)
Housing Options - advisory service for people with disabilities
Direct Gov's Social Housing pages
Shelter's Guide to Social Housing
Information on the allocation of social housing by local authorities
Housing Rights Service: supporting the rights of everyone to decent safe affordable housing
Revised Code of Guidance on the allocation of accommodation (DCLG)

Books
Housing Allocation and Homelessness: Law and Practice (2nd edition due January 2010) by Jan Luba QC and Liz Davies

To place an order click here

Anti-Social Behaviour

Some of the legislation
Part V of the Housing Act 1996
Anti-Social Behaviour Act 2003
Housing Act 2004
Housing and Regeneration Act 2008 (s.297 Family Intervention Tenancies)

Some of our recent notable cases
Swindon Borough Council v Redpath (2009)
The scope of conduct relevant to Anti-Social Behaviour Injunctions
[2009] EWCA Civ 943 11/9/2009. Reported at Times, 12 Oct 2009
Jan Luba QC
Birmingham City Council v Shafi (2008)
Acting on behalf of the First Respondent Shafi, argued that the Council should not use s.222 of the Local Government Act 1972 to obtain injunctions against alleged gang members when there was an alternative statutory route available under the ASBO legislation.
[2008] EWCA Civ 1186 30/10/2008. Reported at [2009] 3 All ER 127
Maya Sikand
R (Gilboy) v Liverpool City Council (2008)
Whether the procedures used in making a decision to end a demoted tenancy under Pt V of the Housing Act 1996 were compatible with Article 6 of the ECHR
[2008] EWCA 751 2/7/2008. Reported at (2008) All ER 127 and [2009] HLR 11.
Jan Luba QC
Moat Housing Group - South Ltd v (1) Harris (Carl) (2) Hartless (Susan Colette) (2005)
Anti-social behaviour, landlord's responses, possession, ASBOs and injunctions
[2005] EWCA Civ 287 16/3/05. Reported at (2005) HLR 33
Jan Luba QC
Manchester City Council v Lee and Wigan MBC v G (2003)
Re. the anti-social behaviour of local authority tenants towards nearby residents and the scope of the injunction that can be imposed.
[2003] EWCA Civ 1256 7/8/03 . Reported at (2004) HLR 11
Jan Luba QC

Useful links
ASBOwatch: monitoring the use of ASBO's (Statewatch)
Liberty's ASBO materials
Research and Information on the Respect Standard for Housing Management
Citizens Advice Bureau advice on anti-social behaviour and housing
Housing Associations and anti-social behaviour (Home Office)
Recent policy and guidance on anti-social behaviour (DCLG)

Community Care & Housing

Some of our recent notable cases
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 Times, 7 May 2010
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 Times, March 3, 2008
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 LBC/SSHD (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 SSHD (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 LBC (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 LBC/SSHD (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 SSHD (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 LBC (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 SSHD (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
Community Care Grant information
Help the Aged's Community Care Housing Guide
Joseph Rowntree Foundation Report ‘Housing, disabled children and their families’

Disrepair

Some of the legislation
Housing Health and Safety Rating System (England) Regulations 2005
Housing Act 2004
Landlord & Tenant Act 1985 s.11

Some of our recent notable cases
Henley v Bloom (2010)
Whether a claim for compensation for disrepair should be struck out where the tenant did not reveal the claim before giving up possession to the landlord.
[2010] EWCA Civ 202 9/3/2010
Jan Luba QC & Michael Paget
Birmingham City Council v Lee (2008)
Where a landlord was liable for disrepair, the court was justified in making an order relating to pre-allocation costs under CPR r.44.9(2) in a claim under the Pre-action Protocol for Housing Disrepair Cases.
[2008] EWCA Civ 891 30/7/2008. Reported at (2009) HLR 15.
Jan Luba QC
Southwark LBC v Long (2002)
Landlord's obligation to maintain common parts of council estate
[2002] EWCA Civ 403 27/3/02. Reported at (2002) 15 EG 133
Bethan Harris
Lee v Leeds City Council (2002)
Liability under Article 8 ECHR for damp and mouldy housing
[2002] EWCA Civ 6 21/1/02. Reported at [2002] HLR 17
Stephen Knafler
Ratcliffe v Sandwell MBC (2002) (no link available)
Liability under Article 8 ECHR for damp and mouldy housing.
[2002] EWCA Civ 6 21/1/02. Reported at [2002] 1 WLR 1488.
Stephen Knafler

Useful links
Annual Housing Repairs Update 2008 by Beatrice Prevatt (Legal Action Dec 2009)
Housing Health and Rating System (HHSRS)
Tenants Rights - disrepair guide by Landlord Law
Advice Booklet 'Getting Repairs Done' by Shelter
Disrepair: Good Practice Guide (DCLG)
Civil Procedure Rules Pre-action Protocol for Housing Disrepair cases
Dilapidations Protocol (2006)
Disrepair cases
Shelter’s Disrepair pages

Books
Repairs: Tenants' Rights (2009) 4th edition by Jan Luba QC and Beatrice Prevatt and Deirdre Foster

Repairs Book

Homelessness

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 recent notable cases
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 Times, March 3, 2008.
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 LBC (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 LBC (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 RLBC (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 (published 2009)
Homeless Link's resources, policy and guidance
Homelessness Guidance and Good Practice
Crisis

Housing & Human Rights

Some of the legislation
Human Rights Act 1998

Some of our recent notable cases
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
Jan Luba QC
R (on the app. of Weaver) v London & Quadrant Housing Trust (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
Doherty v Birmingham City Council & Secretary of State for Communities and Local Government (2008)
Whether a local authority can obtain a summary order for possession of a site which it owns but on which a traveller has occupied under licence agreement with that local authority.
[2008] UKHL 57 30/7/2008. Reported at (2008) 3 WLR 636.
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
McCann v the United Kingdom (2008)
Landmark Article 8 case and the right to respect for a home. Eviction of applicant by Birmingham City Council was declared unlawful and in breach of Article 8 of the European Convention of Human Rights.
ECHR App. No. 19009/04 13/5/2008
Stephen Cottle
R (on the app. of C) v Birmingham City Council (2008)
Successful application for judicial review of local authority's decision to stop funding housing costs of family unlawfully residing in the country and instead fund the removal of the family, breaching the family's human rights.
[2008] EWHC 3036 18/11/2008 Reported at (2009) 1 All ER 1039
Nadine Finch
R (Gilboy) v Liverpool City Council (2008)
Whether the procedures used in making a decision to end a demoted tenancy under Pt V of the Housing Act 1996 were compatible with Article 6 of the ECHR
[2008] EWCA 751 2/7/2008. Reported at (2008) All ER 127.
Jan Luba QC
Kay & Ors v (1) London Borough of Lambeth (2) London & Quadrant Housing Trust : Price & Ors v Leeds City Council (2006)
Occupied "short-life" property; secure tenancies; relationship of principal and agent; Housing Act 1985
[2006] UKHL 10 8/3/06. Reported at (2006) HLR 22
Jan Luba QC and David Watkinson
Qazi v Harrow LBC (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 (2003) HLR 75
Jan Luba QC
Smart v Sheffield CC & Wilson v Central Sunderland Housing Company (2002)
Non-secure tenants and the Human Rights Act
[2002] EWCA Civ 4 25/1/02. Reported at [2002] HLR 17
Jan Luba QC and Liz Davies and Beatrice Prevatt
Lee v Leeds City Council (2002)
Liability under Article 8 ECHR for damp and mouldy housing
[2002] EWCA Civ 6 21/1/02. Reported at [2002] HLR 17
Stephen Knafler
Donoghue v Poplar Housing Action & Regeneration Community Association (2001)
Possession proceedings and threat to appellant's right to family life under Art 8 ECHR
[2001] EWCA Civ 595 27/4/01. Reported at (2001) HLR 73
Jan Luba QC

Useful links
Centre On Housing Rights and Evictions (COHRE)

Housing Benefit

Some of the legislation
Welfare Reform Act 2007
Housing Benefit Regulations 2006

Some of our recent notable cases
S v Social Security Commissioner & Walsall Metropolitan Borough Council (2009)
Where a recipient of housing benefit was also receiving community care support, this care should not be treated as exempt accommodation within the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006.
[2009] EWHC 2221 (Admin) 3/9/2009.
Stephen Knafler & Desmond Rutledge
Yesiloz v London Borough of Camden (2009)
Whether a Turkish asylum seeker on temporary admission and subject to immigration controls, as a citizen of a state that had ratified ECSMA, and in respect of whom some provision had been made in social security legislation, ought to be considered as having a right to reside for housing benefit purposes.
[2009] EWCA Civ 415 20/5/2009.
Adrian Berry
R (on the app. of Gargett) v Lambeth London Borough Council (2008)
Test case on the calculation of discretionary housing payments in which the Court of Appeal decided that discretionary housing payments may be paid in respect of rent arrears, even in circumstances where the claimant is now receiving full housing benefit entitlement.
[2008] EWCA Civ 1450 18/12/2008. Reported at Times Mar 20, 2009.
Stephen Knafler
Beltekian v Westminster City Council and another (2004)
Revision on the grounds of official error. Whether right of appeal against an official refusal to revise.
[2004] EWCA Civ 1784 8/12/04. Reported as R(H) 8/05
David Watkinson
Bierman (Katherine) (R on the application of) v Secretary of State for Work & Pensions (2004) (no link)
Validity of housing benefit regulations relating to students in halls of residence
[2004] EWHC 1024 (Admin) 23/4/04
Jan Luba QC

Useful links
Annual Housing Benefit Update 2008: Part 1 (Legal Action, Sept 2009) and Part 2 (Legal Action, Oct 2009) by Bethan Harris
Recent Decisions of the Social Security & Child Support Commissioners on Housing Benefit and Council Tax Benefit
Out-Of-Work Benefits: DWP tabulation tool contains data about all out-of-work benefits in the UK
DWP Circulars on Housing Benefit and Council Tax Benefit
DWP's HB Direct Newsletter
Shelter’s advice on Housing Benefit
Citizens Advice Bureau advice on Housing Benefit

Landlord & Tenant

Some of the legislation
Housing and Regeneration Act 2008 (Schedule 11)
Landlord and Tenant Act 1985

Possession

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 recent notable cases
Austin v London Borough of Southwark (2010)
In a landmark judgment, the Supremem 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
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
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
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 LBC 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 LBC (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
Possession Claims: UK statistics (published 2009)
Research Report from the CAB on Possession cases
Shelter’s Repossession pages
Housing Corporation's Circular on Tenancy Management: Eligibility and Evictions

Books
Defending Possession Proceedings (2006 edition) by Garden Court Chambers tenant, Jan Luba QC (and others).

Unlawful Eviction & Harassment of Occupiers

Some of the legislation
Housing Act 1988 (s.27- 29)
Protection from Eviction Act 1977

Some of our recent notable cases
McCann v the United Kingdom (2008)
Landmark Article 8 case and the right to respect for a home. Eviction of applicant by Birmingham City Council was declared unlawful and in breach of Article 8 of the European Convention of Human Rights.
ECHR App. No. 19009/04 13/5/2008
Stephen Cottle
Daley and Ors v Mahmood and Rahman (2005) (no link)
Former tenants awarded damages amounting to over £150,000 against property owners who had initiated a campaign of harassment and wrongful eviction against the tenants.
CC (Central London) 12/8/2005
Liz Davies

Useful links
Protection from Eviction and Unlawful Harassment for tenants booklet (DCLG, 2009)
Shelter’s Unlawful Eviction pages

General Housing Links & Legislation

Some of the legislation (in reverse chronological order)
Housing and Regeneration Act 2008
Housing Act 2004
Homelessness Act 2002
Housing Act 1996
Housing Act 1988
Housing Act 1985
Landlord & Tenant Act 1985

Useful Links
Garden Court Chambers Housing team's Housing Law Bulletins
Nearly Legal (Legal Housing blog)
Landlord Law (advice on tenancy agreements, eviction notices and other landlord legal matters)
Shelter
Housing Act 2004 (Property Law website includes helpful explanatory summaries as well as full-text and commencement SI's)
Tenant Services Authority
Housing Ombudsman Service
National Housing Federation
Housing Law Practitioners Association (HLPA)
Housing Corporation
Joseph Rowntree Foundation Housing Surveys 2006
Legal Action Group Housing Policy Archive
Housing Facts & Figures 2009 (latest published data on key aspects of housing and planning statistics from Department for Communities and Local Government)

Books
Housing Law Handbook (2009) by Stephen Cottle and other members of the Garden Court Chambers Housing Team. Click here to order.

Housing Law Handbook

If you have any comments regarding these pages or would like us to include a link to your organisation's website then please contact the site's Administrator at bridgett@gclaw.co.uk

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.

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