Housing Tenure in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.

  • Moran v Manchester City Council; Richards v Ipswich Borough Council
    • House of Lords
    • 01 Jul 2009

    Whether the authority are securing interim accommodation under section 188(1) pending a decision, or securing accommodation after the decision has been made under section 190( 2) or 193(2), they may provide the accommodation themselves or secure that it is provided by someone else. However, the accommodation secured has to be "suitable" (1996 Act, s 206(1)).

    This does not mean that Birmingham were entitled to leave these families where they were indefinitely. Obviously, there would come a point where they could not continue to occupy for another night and the council would have to act immediately. It does not follow that, because that point has not yet been reached, the accommodation is "suitable" for the family within the meaning of section 206(1). Suitability for the purpose of section 193(2) does not imply permanence or security of tenure.

  • R v London Borough of Camden ex parte Pereira
    • Court of Appeal
    • 20 May 1998

    Thus, the Council must ask itself whether Mr Pereira is, when homeless, less able to fend for himself than an ordinary homeless person so that injury or detriment to him will result when a less vulnerable man would be able to cope without harmful effects. It must appear that his inability to fend for himself whilst homeless will result in injury or detriment to him which would not be suffered by an ordinary homeless person who was able to cope.

  • Suffolk Coastal District Council v Hopkins Homes Ltd Secretary of State for Communities and Local Government (Interested Party)
    • Court of Appeal
    • 17 Mar 2016

    It will vary according to the circumstances, including, for example, the extent to which relevant policies fall short of providing for the five-year supply of housing land, the action being taken by the local planning authority to address it, or the particular purpose of a restrictive policy — such as the protection of a "green wedge" or of a gap between settlements.

  • Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government (First Defendant) Hinckley and Bosworth Borough Council (Second Defendant)
    • Queen's Bench Division (Administrative Court)
    • 19 Mar 2014

    Paragraph 215 says that "[in] other cases and following this 12-month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)".

  • Birmingham City Council v Walker
    • House of Lords
    • 16 May 2007

    Thus, while a statutory tenancy can pass from one person to another only in very limited circumstances (such as the statutory transmission on death or by a court order on divorce) a secure tenancy can in principle pass in any way permissible at common law.

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Books & Journal Articles
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Law Firm Commentaries
  • Community-Led Housing Webinar Series
    • Mondaq UK
    • June 01, 2020
    ......your project, through to securing your site, contracting with third. parties and deciding what housing tenure to offer. Join the CLH team every week, on Thursdays at 11am, from June. until early August. Register for each webinar using the links. below. ......
  • The Fight For Affordable Homes
    • Mondaq United Kingdom
    • August 27, 2014
    ......, which allows developers to apply to Councils to modify affordable housing obligations on viability grounds, there have been seven appeals to the ... include taking a more flexible approach over affordable housing tenure mix, allowing for affordable housing 'holidays' to enable a sufficient ......
  • Mind The Gap – If Starter Homes Survive, There Will Be Blood
    • Mondaq UK
    • April 18, 2016
    ...... will modify the NPPF to make Starter Homes a qualifying affordable housing tenure and, potentially, attempt to give it the primacy that the Housing ......
  • Planning Act Blog 197: Localism Bill Published Today
    • Mondaq United Kingdom
    • December 14, 2010
    ...... Parliamentary vote on National Policy Statements social housing allocations reform reform of homelessness legislation social housing ......
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