Alternative Housing in UK Law

Leading Cases
  • Mexfield Housing Co-Operative Ltd v Berrisford
    • Supreme Court
    • 09 November 2011

    Thirdly, even if an agreement which creates an uncertain term could only have resulted in a tenancy for the life of the tenant if that was the intention of the parties, I consider that, on a true construction of the Agreement, it was intended that Ms Berrisford enjoy the premises for life – subject, of course, to determination pursuant to clauses 5 and 6.

    Periodic tenancies obviously pose something of a puzzle if the law insists that the maximum term of any leasehold estate be certain. In one sense the term is certain, as it comes to an end when the week, the month, the quarter or the year for which it has been granted comes to an end. But that is not the practical reality, as the law assumes a re-letting (or the extension of the term) at the end of each period, unless one or other of the parties gives notice to quit.

  • R (Clays Lane Housing Cooperative) v The Housing Corporation
    • Court of Appeal (Civil Division)
    • 08 December 2004

    I conclude that the appropriate test of proportionality requires a balancing exercise and a decision which is justified on the basis of a compelling case in the public interest and as being reasonably necessary but not obligatorily the least intrusive of Convention rights. It is also consistent with sensible and practical decision-making in the public interest in this context.

  • Westminster City Council v Clarke
    • House of Lords
    • 06 February 1992

    Under the Rent Acts, in order to create a letting of part of a house as a separate dwelling there must be an agreement by which the occupier has exclusive possession of essential living rooms of a separate dwelling house.

  • R (Clays Lane Housing Cooperative) v The Housing Corporation
    • Queen's Bench Division (Administrative Court)
    • 14 May 2004

    And to the extent that a compulsory transfer of its housing stock to Peabody amounted to an interference with its property rights and its rights of association (rights protected by the European Convention on Human Rights ("the Convention")), the Board concluded that "the public interest concerns in favour of a statutory transfer were sufficient to justify" any such interference (minute 78/09/02).

  • Uratemp Ventures Ltd v Collins
    • House of Lords
    • 11 October 2001

    The words "dwell" and "dwelling" are not terms of art with a specialised legal meaning. They are ordinary English words, even if they are perhaps no longer in common use. They mean the same as "inhabit" and "habitation" or more precisely "abide" and "abode", and refer to the place where one lives and makes one's home.

  • R (Kadhim) v Brent London Borough Council Housing Benefit Review Board
    • Court of Appeal (Civil Division)
    • 20 December 2000

    Like all exceptions to, and modifications of, the strict rule of precedent, this rule must only be applied in the most obvious of cases, and limited with great care. The basis of it is that the proposition in question must have been assumed, and not have been the subject of decision. And there may of course be cases, perhaps many cases, where a point has not been the subject of argument, but scrutiny of the judgment indicates that the court's acceptance of the point went beyond mere assumption.

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Legislation
  • Housing and Planning Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... 126: Financial penalty as alternative to prosecution under Housing Act 2004 ... Schedule 9 amends the Housing Act 2004 to allow financial penalties to be imposed as an alternative to ... ...
  • Renting Homes (Wales) Act 2016
    • Wales
    • January 01, 2016
    ... ... (b) a registered social landlord, other than a fully mutual housing association or a co-operative housing association, or ... (c) a private ... of an order under section 222(3)(b) (provision of suitable alternative accommodation on appeal) ... (5) A contract-holder to whom an ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... of residential premises, or(c) conduct capable of causing housing-related nuisance or annoyance to any person ... (2) Subsection (1) (b) ... a through route, the availability of a reasonably convenient alternative route ... (1A) Before making a public spaces protection order that ... ...
  • Rent Act 1977
    • UK Non-devolved
    • January 01, 1977
    ... ... to consolidate the Rent Act 1968, Parts III, IV and VIII of the Housing Finance Act 1972, the Rent Act 1974, sections 7 to 10 of the Housing Rents ... (2) Where alternative rateable values are mentioned in this subsection, the higher applies if ... ...
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Books & Journal Articles
  • Ownership at stake (once again): housing, digital contents, animals and robots
    • No. 10-1, April 2018
    • Journal of Property, Planning and Environmental Law
    • 69-86
    Purpose: This paper aims to discuss the questioning around the current suitability of ownership both for accessing to certain property (housing, to be more specific) and chattels (digital contents,...
    ... ... through alternative housingtenures,such as intermediatetenures and collaborative housing, licensing digital contents)or erosion/elimination (e.g.owning animals and ... ...
  • The impact of compensation upon urban village residents satisfaction with the land expropriation process. Empirical evidence from Hangzhou, China
    • No. 11-3, October 2019
    • Journal of Property, Planning and Environmental Law
    • 186-216
    Purpose: The purpose of the paper is to investigate compensation and related welfare issues in the case of the expropriation of land for urban redevelopment in China. Design/methodology/approach: ...
    ... ... farmers choosethe single monetary compensation relative to the alternative option of housingcompensation.The degree of satisfaction with ... close by the main economic hub of the big city butwhere housing costs are too high or not available. (Chai and Choi, 2017). Furthermoreit ... ...
  • Regulating short-term rentals: Joined cases C-724/18 and C-727/18 Cali Apartments
    • No. 28-4, August 2021
    • Maastricht Journal of European and Comparative Law
    ... ... Short-term letting is now considered a considerable alternative to traditional tourist accommodation contracts, challenging matters such s conditions in the housing market and consumer protection. Online platforms, such as Airbnb, ... ...
  • Relocating the Master’s Domain: Social and Legal Locations of Gender from Post-Disaster to Everyday Life
    • No. 16-1, March 2007
    • Social & Legal Studies
    The post-disaster situation provides an insight into the role of rights in the relocation of social and legal spheres and the location of gender within. Grounded in ...
    ... ... domains of rights constructed within the World Bank and state housing policy, the public and private legal system and informal to alternative ... ...
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Law Firm Commentaries
  • Inquiry Into Alternative Housing
    • Mondaq UK
  • Whose Rights? Legal Owners Rights -v- Squatters Rights In Spain
    • Mondaq UK
    ... ... to be a homeless family with no alternative accommodation under ... Article 47 of the Spanish constitution - "all iards ... have the right to enjoy decent and adequate housing." After ... the initial 48 hour period squatters that fulfil the criterion ... ...
  • Can The Next Round Of Housing PFI Help Deliver The HCA Agenda?
    • Mondaq United Kingdom
    ... ... The HCA has recognised the need to use PFI where it is appropriate, ... but anticipates that it will also need to invest ... in alternative" local housing companies or joint venture ... models.  The HCA is an investment agency and needs to invest ... its £17billion of funding. It will be\xC2" ... ...
  • 2019 Real Estate: the new year hangover
    • JD Supra United Kingdom
    After any good party there's normally a hangover. 2018 may not have been the best of parties for everyone but its effects are likely to continue to be felt by the property industry in 2019.
    ... ... In addition there is the chronic pain of our ongoing housing crisis. This incorporates two separate issues: volume and fairness ... ... the planning system and ever-growing institutional interest in alternative housing delivery models such as build-to-rent ... Going hand in hand ... ...
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Forms
  • Give details of a claim to gain possession of a rented residential property
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... notice was served ... If you are a local authority on ... housing action trust and are claiming ... possession of premises let on a ... tenancy or an order suspending the ... right to buy in the alternative to ... possession, you must complete ... paragraphs 12-15 ... 12. Specify ... ...
  • Notice of application to consider the financial position of the respondent after divorce / dissolution
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... alternative to court. The mediator will also be able to sign post you to other help ... a letter from an officer employed by a local authority or housing association ... (or their equivalent in Scotland or Northern Ireland) for ... ...
  • Form A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... alternative to court. The mediator will also be able to sign post you to other help ... a letter from an officer employed by a local authority or housing association ... (or their equivalent in Scotland or Northern Ireland) for ... ...
  • Family mediation information and assessment meeting form
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... of noncourt dispute resolution, would be a more appropriate alternative to court. The mediator will also be able to sign ... post you to other ... a letter from an officer employed by a local authority or housing association ... (or their equivalent in Scotland or Northern Ireland) for ... ...
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