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
    • 08 Dec 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. Essential living rooms provide the necessary facilities for living, sleeping and cooking.

  • 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
    • 20 Dec 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
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Books & Journal Articles
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Law Firm Commentaries
  • Inquiry Into Alternative Housing
    • Mondaq UK
    • March 02, 2020
  • Commonhold: Dead duck or ugly duckling?
    • JD Supra United Kingdom
    • Hogan Lovells
    • December 13, 2018
    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
    • April 20, 2009
    ......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
    • Dentons
    • January 15, 2019
    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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