Housing
R (C) v Islington LBC [2017] EWHC 1228 (Admin); [2017] HLR 32 – local lettings policies within housing allocation scheme were justified and proportionate discrimination for the purposes of art 14 and Equality Act 2010; the actual practice in relation to making direct offers did not accord with the published scheme
Poshteh v Kensington & Chelsea RLBC [2017] UKSC 36; [2017] 2 WLR 1417 – impact of art 6 and degree of judicial scrutiny in homelessness appeals; mental disability and suitability of accommodation
R (XC) v Southwark LBC [2017] EWHC 736 (Admin); [2017] HLR 24 – priority star system within housing allocation scheme in favour of working households and those undertaking voluntary activity was justified under Equality Act 2010 despite indirect discrimination against disabled people and women who were volunteer carers
R (Woolfe) v Islington LBC [2016] EWHC 1907 (Admin); [2016] HLR 42 – lawfulness of bidding threshold in housing allocation scheme, reasonable preference and list management, compliance with s.11 Children Act 2004, interpretation of scheme
R (YA) v Hammersmith & Fulham LBC [2016] EWHC 1850 (Admin); [2016] HLR 39 – criminal record of care leaver, rehabilitation and spent convictions, whether disqualification from housing register lawful, whether discrimination within housing allocation scheme was proportionate under art.14
R (Brooks) v Islington LBC [2015] EWHC 2657 (Admin); [2016] HLR 2 – discharge of interim homelessness duty
Merali v Birmingham CC [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 – homelessness and “Zambrano” carers
Hussain v Waltham Forest LBC [2015] EWCA Civ 14; [2015] 1 WLR 2912; [2015] HLR 16 – homelessness and meaning of violence
R (Jakimaviciute) v Hammersmith & Fulham LBC [2014] EWCA Civ 1438; [2015] 3 All ER 490; [2015] HLR 5 – housing allocation scheme and scope of discretion to define non-qualifying persons
Haile v Waltham Forest LBC [2014] EWCA Civ 792; [2014] HLR 37 – homelessness and whether the Din approach to causation still applied
Balog v Birmingham CC [2013] EWCA Civ 1582; [2014] HLR 14 – homelessness
R (Alansi) v Newham LBC [2013] EWHC 3722 (Admin); [2014] HLR 25 – changes to housing allocation scheme, legitimate expectation
Abdulla v Westminster CC [2011] EWCA Civ 1171; [2012] HLR 5 – homelessness; whether applicant homeless when living in a property with her husband and mother, who were joint tenants, and her mother had asked her to leave; matrimonial home rights under s.30 Family Law Act 1996
Karaj v Three Rivers DC [2011] EWCA Civ 768 – permission for second appeal in homelessness cases; whether contracting-out of review function had been lawfully authorized.
Ali v Birmingham CC [2010] UKSC 8; [2010] 2 AC 39; [2010] HLR 22 – art 6 and homelessness appeals
Nessa v Tower Hamlets LBC [2010] EWCA Civ 559; [2010] HLR 37 – enforceability of price mistakenly stated in landlord’s right-to-buy offer notice
R (Ahmad) v Newham LBC [2009] UKHL 14; [2009] 3 All ER 755; [2009] HLR 31 – “reasonable preference” in housing allocation
R (Weaver) v LQHT [2009] EWCA Civ 587; [2010] 1 WLR 363; [2009] HLR 40 – whether RSL subject to Human Rights Act 1998
R (Lin) v Barnet LBC [2007] EWCA Civ 132; [2007] HLR 30 – housing allocation preference and prospects
R (Vella) v Lambeth LBC [2005] EWHC 2473 (Admin); [2006] HLR 12 – overruling previous case law on whether lack of sound insulation was statutory nuisance
R (Manchester CC) v Manchester Magistrates’ Court [2005] EWHC 253 (Admin); Times 8 March 2005 – principles to be followed for interim ASBOs without notice
Reigate & Banstead BC v Forrest [2001] EWCA Civ 1510; [2002] QB 1129; (2001) 33 HLR 86 – compatibility of introductory tenancy regime with human rights
R v Greenwich LBC ex p Glen International Ltd (2001) 33 HLR 87, CA – entitlement to renovation grants
R v Lambeth LBC ex p Crookes (1999) 31 HLR 59, QBD – housing benefit
R v Camden LBC ex p Mohammed (1998) 30 HLR 315, QBD – landmark decision on interim housing accommodation
R v Slough BC ex p Khan (1996) 27 HLR 492, QBD – homelessness, local connection
R v Islington LBC ex p Aldabbagh (1994) 27 HLR 271, QBD – housing transfer policy and homelessness
R v Lambeth LBC ex p Miah (1994) 27 HLR 21, QBD – re-opening homelessness enquiries
Landlord and tenant
Sheffield CC v Oliver [2017] EWCA Civ 225; [2017] HLR 23 – major stock refurbishment; service charges; the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning
Birmingham CC v Stephenson [2016] EWCA Civ 1029; [2016] HLR 44 – impact of serious mental illness and disability discrimination on recovery of possession of introductory tenancy
Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 870; [2016] 1 All ER 988; [2015] HLR 38 – compliance with s.11 Children Act 2004 and possession proceedings
Ker v Optima Community Association [2013] EWCA Civ 579; [2013] HLR 37 – “Flexi-buy” scheme, possession proceedings and human rights
Freeman v Islington LBC [2009] EWCA Civ 536; [2010] HLR 6 – succession to secure tenancy; meaning of “residing with”
Knowsley HT v White [2008] UKHL 80; [2009] 1 AC 636; [2009] HLR 17 – tolerated trespassers, intervening for Secretary of State
Richardson v Midland Heart [2008] L&TR 31 – whether interest under shared ownership lease terminated by possession order made under Housing Act 1988, Ground 8
Riverside Housing Association v White [2007] UKHL 20; [2007] 4 All ER 97; [2007] HLR 31 – RSL rent increases, intervening for Housing Corporation
Hyams v Wilfred East London Housing Co-operative [2007] 3 EG 126, Lands Tribunal – recovery of improvement contributions under right to buy lease and operation of s125 notice
Ratcliffe v Sandwell MBC; Lee v Leeds CC [2002] EWCA Civ 6; [2002] 1 WLR 1488; [2002] HLR 17 – whether landlord liable for condensation dampness; human rights, disrepair, defective premises
Reigate & Banstead BC v Forrest [2001] EWCA Civ 1510; [2002] QB 1129 – compatibility of introductory tenancy regime with human rights
Baxter v Camden LBC (No 2) [2001] 1 AC 1; (2000) 32 HLR 148, HL – whether landlord liable for sound from adjoining tenants
Lambeth LBC v Henry (2000) 32 HLR 874, CA – suspended possession order valid even though requiring repayment of rent arrears over very long period
Lambeth LBC v Thomas (1998) 30 HLR 89, CA – whether possession order could be granted for non-payment of water charges
Camden LBC v Akanni (1997) 29 HLR 845, CA – principles for setting aside possession orders and warrants
Rogan v Woodfield Building Services Ltd [1995] 1 EGLR 72; (1995) 27 HLR 78, CA – whether landlord’s rent claim defeated by alleged non-compliance with s48 Landlord and Tenant Act 1987; Court of Appeal departing from previous decision
RC Glaze Properties Ltd v Alabdinboni (1992) 25 HLR 150, CA – use of rent books as evidence of terms of tenancy
Local Government
Merali v Birmingham CC [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 – homelessness and “Zambrano” carers
R (Mohamed) v Local Safeguarding Children’s Board for Islington [2014] EWHC 3966 (Admin) – death of disabled child at council block; serious case review powers
R (Wood & Turley) v Leeds CC [2014] EWHC 2598 (Admin) – allotments; exercise of power to increase rents
R (W) v Birmingham CC [2011] EWHC 1147 (Admin); [2012] BLGR 1 – local government spending cuts and eligibility for community care
Mears Ltd v Leeds CC [2011] EWHC 40(QB); [2011] EuLR 596 & [2011] EWHC 1031 (TCC); [2011] EuLR 764 & [2011] EWHC 2694 (TCC); [2012] 4 Costs LO 456 – public procurement of housing repairs service
Morrison Facilities Services Ltd v Norwich CC [2010] EWHC 487 (Ch) – public procurement of housing repairs service
R (Island Farm Developments Ltd) v Bridgend County BC [2006] EWHC 2189 (Admin); [2007] BLGR 60 – challenge to decision not to sell land; whether bias/pre-determination
Ethical Standards Officer v Hitchens and others, APE 0211, 18 Jan 2006 – the landmark Islington councillors ethical standards case concerning appointment of chief executive
R (BG) v Medway Council [2005] EWHC 1932 (Admin); [2006] HLR 6 – lawfulness of conditions attached to a discretionary social services grant for disabled adaptations
Akumah v Hackney LBC [2005] UKHL 17; [2005] 1 WLR 985; [2005] HLR 26 – local housing authority powers to implement parking scheme
Ingle v Scarborough BC [2002] EWCA Civ 290; [2002] HLR 36 – whether home loss payments payable following regeneration scheme
R (Ali) v Birmingham CC [2002] EWHC 1511 (Admin); [2002] HLR 51 – lawfulness of local authority policy on accommodation for EU migrants, community care, children, human rights
R v Broadland DC ex p Lashley [2001] EWCA Civ 179; [2001] BLGR 264 – first reported case on powers of standards committees
R v Lambeth LBC ex p Wilson (1998) 30 HLR 64, CA – overturning on appeal of personal costs orders against local government officers
R v Birmingham CC ex p Mohammed (1998) 1 WLR 33; (1999) 31 HLR 392, QBD – whether local authority entitled to refuse disabled facilities grant on resources grounds
R v Secretary of State ex p Tower Hamlets LBC (1992) 24 HLR 594, QBD – challenge to homelessness Code of Guidance in relation to immigration, intervening on behalf of CRE
Property
Sheffield CC v Oliver [2017] EWCA Civ 225; [2017] HLR 23 – major stock refurbishment scheme; statutory third-party climate change funding; service charges; the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning
R (Chatting) v Viridian Housing [2012] EWHC 3595 (Admin); [2013] BLGR 118 – community care, human rights and sale of care home
Nessa v Tower Hamlets LBC [2010] EWCA Civ 559; [2010] HLR 37 – enforceability of price mistakenly stated in landlord’s right-to-buy offer notice
R (Weaver) v LQHT [2009] EWCA Civ 587; [2010] 1 WLR 363; [2009] HLR 40 – whether RSL subject to Human Rights Act
R (Vella) v Lambeth LBC [2005] EWHC 2473 (Admin); [2006] HLR 12 – overruling previous case law on whether lack of sound insulation was statutory nuisance
Eagle Star v Karasiewicz [2002] EWCA Civ 940 – subrogation of mortgagee
Bath & NE Somerset DC v Nicolson [2002] EWHC 674 (Ch) – squatter, adverse possession, implied licence, privilege, acknowledgment of title
Lambeth LBC v Rumbelow, ChD, 25 Jan 2001 – squatter, adverse possession, implied licence, estoppel
National & Provincial Building Society v Ahmed [1995] 2 EGLR 127, CA – whether defence to mortgage possession proceedings on grounds that lease granted ultra vires
Public Law, Equality & Human Rights
Poshteh v Kensington & Chelsea RLBC [2017] UKSC 36; [2017] 2 WLR 1417 – impact of art 6 and degree of judicial scrutiny in homelessness appeals; mental disability and suitability of accommodation
R (XC) v Southwark LBC [2017] EWHC 736 (Admin); [2017] HLR 24 – priority star system within housing allocation scheme in favour of working households and those undertaking voluntary activity was justified under Equality Act 2010 despite indirect discrimination against disabled people and women who were volunteer carers
Birmingham CC v Stephenson [2016] EWCA Civ 1029; [2016] HLR 44 – impact of serious mental illness and disability discrimination on recovery of possession of introductory tenancy
R (YA) v Hammersmith & Fulham LBC [2016] EWHC 1850 (Admin); [2016] HLR 39 – criminal record of care leaver, rehabilitation and spent convictions, whether disqualification from housing register lawful, whether discrimination within housing allocation scheme was proportionate under art 14
Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 870; [2016] 1 All ER 988; [2015] HLR 38 – compliance with s11 Children Act 2004 and possession proceedings
Merali v Birmingham CC [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 – homelessness and “Zambrano” carers
Ker v Optima Community Association [2013] EWCA Civ 579; [2013] HLR 37 – “Flexi-buy” scheme, possession proceedings and human rights
R (Alansi) v Newham LBC [2013] EWHC 3722 (Admin); [2014] HLR 25 – changes to housing allocation scheme, legitimate expectation
R (Chatting) v Viridian Housing [2012] EWHC 3595 (Admin); [2013] BLGR 118; [2013] HLR 12 – community care, human rights and sale of care home
R (Birmingham Care Consortium) v Birmingham CC [2011] EWHC 2656 (Admin) – rates of payment for residential care home placements; commissioning process; non-intervention by the court
R (W) v Birmingham CC [2011] EWHC 1147 (Admin); [2012] BLGR 1 – local government spending cuts and eligibility for community care
Ali v Birmingham CC [2010] UKSC 8; [2010] 2 AC 39; [2010] HLR 22 – art 6 and homelessness appeals
R (Weaver) v LQHT [2009] EWCA Civ 587; [2010] 1 WLR 363 – whether RSL subject to Human Rights Act
R (Bath) v North Somerset Council [2008] EWHC 630; [2009] HLR 1 – whether commitment in tenant consultation document gave rise to legitimate expectation as to manner in which LSVT disposal proceeds should be used
R (Island Farm Developments Ltd) v Bridgend County BC [2006] EWHC 2189 (Admin); [2007] BLGR 60 – challenge to decision not to sell land; whether bias/pre-determination
R (PS) v Responsible Medical Officer [2003] EWHC 2335 (Admin); [2004] MHLR 1 – compulsory treatment of Mental Health Act patient; judicial review and human rights; judicial determination of diagnosis and treatment
Ratcliffe v Sandwell MBC; Lee v Leeds CC [2002] EWCA Civ 6; [2002] 1 WLR 1488; [2002] HLR 17 – whether landlord liable for condensation dampness; human rights, disrepair, defective premises
Reigate & Banstead BC v Forrest [2001] EWCA Civ 1510; [2002] QB 1129; (2001) 33 HLR 86 – compatibility of introductory tenancy regime with human rights
R (Birmingham Care Consortium) v Birmingham CC [2002] EWHC 2188 (Admin); [2003] BLGR 119 – lawfulness of payment rates for local authority placements in care homes; commissioning process; non-intervention by the court
R (Ali) v Birmingham CC [2002] EWHC 1511 (Admin); [2002] HLR 51 – lawfulness of local authority policy on accommodation for EU migrants, community care, children, human rights
Community Care/Court of Protection
Birmingham CC v Stephenson [2016] EWCA Civ 1029; [2016] HLR 44 – impact of serious mental illness and disability discrimination on recovery of possession of introductory tenancy
R (YA) v Hammersmith & Fulham LBC [2016] EWHC 1850 (Admin); [2016] HLR 39 – criminal record of care leaver, rehabilitation and spent convictions, whether disqualification from housing register lawful, whether discrimination within housing allocation scheme was proportionate under art.14
Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 870; [2016] 1 All ER 988; [2015] HLR 38 – compliance with s.11 Children Act 2004 and possession proceedings
Merali v Birmingham CC [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 – homelessness and “Zambrano” carers
R (Francis) v Camphill Village Trust [2015] EWHC 1249 (Admin) – judicial review proceedings, accompanying charity proceedings in the Chancery Division, seeking to prevent re-organisation of staffing within care homes
R (Mohamed) v Local Safeguarding Children’s Board for Islington [2014] EWHC 3966 (Admin) – death of disabled child at council block; serious case review powers
R (Chatting) v Viridian Housing [2012] EWHC 3595 (Admin); [2013] BLGR 118 – community care, human rights and sale of care home
R (Birmingham Care Consortium) v Birmingham CC [2011] EWHC 2656 (Admin) – rates of payment for residential care home placements; commissioning process; non-intervention by the court
R (W) v Birmingham CC [2011] EWHC 1147 (Admin); [2012] BLGR 1 – local government spending cuts and eligibility for community care
R (H) v Birmingham CC [2010] EWHC 3754 (Admin) – community care assessments and introduction of Resource Allocation System
Yorkshire Care Developments Ltd v North Yorkshire CC LTL 13/8/2004 (Newcastle, Judge Behrens) – Health and Social Care Act 2001 and preserved rights to state benefits; whether any non-contractual private law claim by care home provider against local authority for unpaid cost of care provision
R (PS) v Responsible Medical Officer [2003] EWHC 2335 (Admin); [2004] MHLR 1 – compulsory treatment of Mental Health Act patient; judicial review and human rights; judicial determination of diagnosis and treatment
R (Birmingham Care Consortium) v Birmingham CC [2002] EWHC 2188 (Admin); [2003] BLGR 119 – lawfulness of payment rates for local authority placements in care homes; commissioning process; non-intervention by the court
R (Ali) v Birmingham CC [2002] EWHC 1511 (Admin); [2002] HLR 51 – lawfulness of local authority policy on accommodation for EU migrants, community care, children, human rights
R (Boxall) v Waltham Forest LBC (2001) 4 CCLR 258, QBD – principles for costs orders in JR proceedings
Regulatory
R (Mohamed) v Local Safeguarding Children’s Board for Islington [2014] EWHC 3966 (Admin) – death of disabled child at council block; serious case review powers
R (Birmingham Care Consortium) v Birmingham CC [2011] EWHC 2656 (Admin) – rates of payment for residential care home placements; commissioning process; non-intervention by the court
Knowsley HT v White [2008] UKHL 70; [2009] 1 AC 636 – intervening for the Secretary of State in the radical review by the House of Lords of the law concerning “tolerated trespassers”
Riverside HA v White [2007] UKHL 20; [2007] 4 All ER 97 – intervening for Housing Corporation, RSL rent increases
Ethical Standards Officer v Hitchens and others, Adjudication Panel for England 0211, 18 Jan 2006 – the landmark Islington councillors ethical standards case concerning appointment of chief executive
R (Vella) v Lambeth LBC [2005] EWHC 2473 (Admin); [2006] HLR 12 – overruling previous case law on whether lack of sound insulation was statutory nuisance
R (Manchester CC) v Manchester Magistrates’ Court [2005] EWHC 253 (Admin); Times 8 March 2005 – principles to be followed for interim ASBOs without notice
R (Birmingham Care Consortium) v Birmingham CC [2002] EWHC 2188 (Admin); [2003] BLGR 119 – lawfulness of payment rates for local authority placements in care homes; commissioning process; non-intervention by the court
R v Broadland DC ex p Lashley [2001] EWCA Civ 179; [2001] BLGR 264 – first reported case on powers of standards committees