The issue in this case is what is meant by the word “violence” in section 177(1) of the Housing Act 1996. Is it limited to physical contact or does it include other forms of violent conduct?In August 2008, the Appellant left the matrimonial home in which she lived with her husband, taking her two young children with her, and sought the help of the local housing authority. In interviews with housing officers, she complained of her husband’s behaviour, which included shouting in front of the child ...
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The Appellant’s brother, who is now deceased (“the Deceased”), held a secure tenancy under the Housing Act 1985 (“the 1985 Act”) of a property owned by the London Borough of Southwark (“the Authority”). The Appellant contends that he lived in his brother’s home for the 12 months preceding his death, caring for him during his terminal illness. The Appeal arises from the efforts of the Appellant to resist the Authority’s efforts to evict him from the property.
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Supreme Court - Press Summary BACKGROUND TO THE APPEAL A number of travellers established an unauthorised camp in Hethfelton, one of the woods managed by the Forestry Commission and owned by the Secretary of State for Environment, Food and Rural Affairs. The Secretary of State sought an order for possession in respect of Hethfelton and other specified woods (also managed by the Commission and owned by the Secretary of State) which had not yet been occupied by the defendants to the claim. Th ...
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The issue for decision in this appeal relates to the basis on which compensation for compulsory purchase should be assessed in a case where the land in question has an unrealised potential for development but where the success of an application for the requisite planning permission is, although probable, not a certainty. More particularly, the issue is whether, in such a case, compensation should be assessed on the basis that planning permission for the development would be granted, or whether t ...
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Under common law, a tenant agrees to pay the rent in terms of a lease whether or not he has assigned the lease to someone else. This rule was changed by s.5(2) of the Landlord and Tenant (Covenants) Act 1995, which provides that if a tenant assigns the leased premises, he becomes released from his covenants. However, this change only applies to tenancies granted after the Act came into force in January 1996. The common law continues to apply to earlier tenancies, but subject to the r ...
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An increase under a rent review for the purposes of the Landlord and Tenant (Covenants) Act 1995 was to be treated as having become due when the increase was agreed or determined, not when the rent review period commenced.
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This appeal concerns the assessability for non-domestic rating of a group of buildings belonging to the Church of Jesus Christ of Latter-Day Saints in Lancashire. The main building in this dispute is the Temple. The Valuation Officer’s case is simple in that he says that the Temple is not a place of “public religious worship”, and therefore not exempt, because it is not open to the public. The right of entry is reserved to certain members of the Mormon Churc ...
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The question in this case is whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to remain there under English property law. But he claims that his removal would violate his rights under art.8 of the ECHR. The respondent in this case asserted that it required vacant possession of ...
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A property developer reached an oral agreement in principle with an owner to buy its property and then spent considerable sums in obtaining planning permission. The owner then refused to proceed on the agreed terms and enter into a binding contract. The House of Lords held that the developer was not entitled to a remedy based on proprietary estoppel or a constructive trust. The developer was entitled to a quantum meruit payment for his services in pursuing and obtaining planning permission.
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The House of Lords considered the meaning of the phrase "any premises in which the flat is contained" in the Leasehold Reform, Housing and Urban Development Act 1993, section 47(2)(b). This phrase had to be an objectively recognisable physical space and something which would be objectively recognised as "premises".
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