Alternative Housing in UK Law

Leading Cases
  • Mexfield Housing Co-Operative Ltd v Berrisford
    • Supreme Court
    • 09 novembre 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 décembre 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 février 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 mai 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 octobre 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 décembre 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 1988
    • UK Non-devolved
    • 1 janvier 1988
    ......unreasonable of the former residential occupier to. refuse that offer or, if he had obtained alternative. accommodation before the offer was made, it would. have been unreasonable of him to refuse that offer if. he had not obtained that accommodation,. ......
  • Housing Act 1985
    • UK Non-devolved
    • 1 janvier 1985
    ......the notice, and time and place at which the authority's. proposals for the carrying out of the works, any alternative. proposals, any proposed housing arrangements,. the views and interests of any occupying tenant and any. other matters may be discussed. (2) The ......
  • The Universal Credit Regulations 2013
    • UK Non-devolved
    • 1 janvier 2013
    ...... “housing costs element” has the meaning in regulation 25; . “individual ... in connection with obtaining work, taking into account alternative care arrangements; and . (c) (c) the claimant is able and willing to take ......
  • Housing Act 2004
    • UK Non-devolved
    • 1 janvier 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 ......
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Books & Journal Articles
  • Ownership at stake (once again): housing, digital contents, animals and robots
    • Nbr. 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
    • Nbr. 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
    • Nbr. 28-4, August 2021
    • Maastricht Journal of European and Comparative Law
    The increase in short-term rentals via online platforms has captured the attention of scholars and regulators. Short-term letting is now considered a considerable alternative to traditional tourist...
    ......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
    • Nbr. 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
  • 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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Forms
  • Chapter TSEM5852
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... ‘direct payments’ in cash to be made to individuals as an alternative to a local council providing care services. The aim is to allow the ... uses the money to pay for personal assistance and also for certain housing, employment, education and leisure activities. Sometimes direct payments ......
  • 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. demoted ...tenancy or an order suspending the. right to buy in the alternative to. possession, you must complete. paragraphs 12-15. 12. Specify under ......
  • Chapter CCM15200
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......Child Benefit. Previous Claims. Equifax/Experian. DWP. CSA. Housing or Council Tax. Benefit. . . Letters on File. Suspected ...Partner shown on original claim/as alternative payee? . Was partner shown on earlier WFTC/DPTC/WTC/CTC claims? . Is ......
  • Chapter IHTM23185
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ......If the sale is under a Housing Association/Sheltered Housing Scheme (IHTM23181) you should follow the ...In these cases, if the taxpayer does not offer an alternative value, do not seek to re-open the valuation unless there is reason to ......
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