Alternative Housing in UK Law

Leading Cases
  • Mexfield Housing Co-Operative Ltd v Berrisford
    • Supreme Court
    • 09 Nov 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 Dic 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 Feb 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 Oct 2001

    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. They suggest a greater degree of settled occupation than "reside" and "residence", connoting the place where the occupier habitually sleeps and usually eats, but the idea that he must also cook his meals there is found only in the law reports.

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

    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. Very little is likely to be required to draw that latter conclusion: because a later court will start from the position, encouraged by judicial comity, that its predecessor did indeed address all the matters essential for its decision.

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Legislation
  • Housing Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......to enfranchisement in relation to tenancies which fail the low rent. test and for introducing an alternative to the low rent test in the. case of the right to collective enfranchisement and the right to a new. lease) shall have effect. S-107 . Collective ......
  • Housing Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ......68) (power to. purchase for temporary housing use) in a case where the authority. consider the latter course of action to be the better alternative in. the circumstances. . (3) In the case of paragraph (d) of that subsection, the authority. may regard the taking of emergency remedial action ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... a company that is a social landlord registered under Part 1 of the Housing Act 1996, or . (b) (b) make provision in connection with the interaction ... (ii) an alternative finance investment bond within the meaning of article 77A of that Order; . ......
  • Localism Act 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ...... infrastructure projects; to make provision about social and other housing; to make provision about regeneration in London; and for connected ... . (i) ceasing to operate executive arrangements or alternative arrangements under Part 2 of the Local Government Act 2000, and. . . ......
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Books & Journal Articles
  • Ownership at stake (once again): housing, digital contents, animals and robots
    • Núm. 10-1, Abril 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,...
    ......Design/methodology/approach – The process ofsubstitution (e.g. 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
    • Núm. 11-3, Octubre 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: ...
    ...... month ly family expense before expropr iation, the location of the housing expropriation and family unit size are important determ inants for the ... farmers choosethe single monetary compensation relative to the alternative option of housing compensation.The degree of satisfaction with ......
  • Macroeconomic drivers of London house prices
    • Núm. 36-6, Septiembre 2018
    • Journal of Property Investment & Finance
    • 539-551
    Purpose: The purpose of this paper is to validate and quantify the effect of key macroeconomic drivers on London house prices using annual data over the period 1983–2016. Design/methodology/approa...
    ....../approach – Within this context, the authors estimate alternative error-correction and partial-adjustment models (PAMs), which have been ... key macroeconomic variables, such as UK GDP, London population and housing completions. A key finding of the study relevant to the debate on the ......
  • Renovations in lieu of rent in Spanish tenancy law
    • Núm. 10-2, Julio 2018
    • Journal of Property, Planning and Environmental Law
    • 140-153
    Purpose: In the context of difficulties in access to housing, the Spanish Act 4/2013 introduced a new article 17.5 into the Act on Urban Leases 1994 (LAU). This paper regulates the so-called renova...
    ......-Teruel Department of Private, Procedural and Tax Law, UNESCO Housing Chair, Universitat Rovira i Virgili, Tarragona, Spain Abstract Purpose ... to the current regulation, may representa true residential alternative for vulnerablepeople or if legislative reform is needed to promote its ......
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Law Firm Commentaries
  • Inquiry Into Alternative Housing
    • Mondaq UK
  • Commonhold: Dead duck or ugly duckling?
    • JD Supra United Kingdom
    Tasked with reinvigorating commonhold, the Law Commission has published a consultation on its proposals to make commonhold a workable alternative to leasehold, for both existing and new homes.
    ...... a consultation on its proposals to make commonhold a workable alternative to leasehold, for both existing and new homes. Dead duck?. As previously ... Allowing shared ownership leases and other forms of affordable housing to be included within commonhold. . Making it easier for leasehold ......
  • 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 ......
  • 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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