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

    Clearly, however, what is regarded as suitable for discharging the interim duty may be rather different from what is regarded as suitable for discharging the more open-ended duty in section 193(2); but what is suitable for discharging the "full" duty in section 193(2) does not have to be long life accommodation with security of tenure such as would arise if the family were allocated the tenancy of a council house under the council's allocation policy determined in accordance with Part 6 of the 1996 Act.

    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). What is suitable for occupation in the short term may not be suitable for occupation in the medium term, and what is suitable for occupation in the medium term may not be suitable for occupation in the longer term. 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 (Civil Division)
    • 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 (Civil Division)
    • 17 Mar 2016

    Such an outcome is clearly contemplated by government policy in the NPPF. It will always be for the decision-maker to judge, in the particular circumstances of the case in hand, how much weight should be given to conflict with policies for the supply of housing that are out-of-date.

  • 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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Legislation
  • Housing Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...... . SCH-7.6 .   . 6. An assured tenancy arising by virtue of Sched ule 10 to the Local Government and Housing Act 1989(security of tenure on ending of long residential tenancies). Tenancies replacing non-shortholds . Tenancies replacing non-shortholds. . SCH-7.7 . 7.   . (1) An ......
  • Housing Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ...... . (1) Section 5 of the Housing Act 1988 (c. 50) (security of tenure. for assured tenants) is amended as follows. . (2) After subsection (5) (certain obligations etc. of tenant to be. unenforceable) insert— . ......
  • Housing and Regeneration Act 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ...... S-83 . Tenure 83 Tenure . (1) An appointed member holds and vacates office in accordance with the terms of appointment (subject to this section). . (2) A ......
  • Housing Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ......liabilities to, each other of the tenant and any person claiming. under him, or of any two such persons. Security of tenure . Security of tenure. . S-5 . Security of tenure. 5 Security of tenure. . (1) An assured tenancy cannot be brought to an end by. the landlord ......
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Books & Journal Articles
  • Tied Down Or Room To Move? Investigating The Relationships Between Housing Tenure, Employment Status And Residential Mobility In Britain
    • Núm. 49-4, Septiembre 2002
    • Scottish Journal of Political Economy
    Using data from the British Household Panel Survey, we investigate the relationships between labour market dynamics, housing tenure and residential mobility. Panel data allow the study of the seque...
  • A Permanent Change in the Route to Owner Occupation?
    • Núm. 51-1, Febrero 2004
    • Scottish Journal of Political Economy
    This paper attempts to explain why home ownership rates among young adults fell in the early 1990s when various indicators suggested it had become more affordable. As a potential explanation, we fo...
    ......In examining the implications for hou sing tenure, we use a conditional fixed effects multinomial logit model to expl oit ...I Intro duction The first-time buyer (FTB) housing market in Britain experienced a contraction in the 1990s even though home ......
  • Mental health and houses in multiple occupation
    • Núm. 14-2, Junio 2015
    • Journal of Public Mental Health
    • 107-117
    Purpose: – Previous research has established that there is a relationship between housing and mental health, however, understanding about how and why housing affects mental health is still limited....
    ...... research has established that there is a relationshipbetween housing and mental health, however, understanding about how and why housing ... the potential risks and benefits of HMOs, an overlooked tenure in housing research. Keywords Housing, Mental health, Houses in multiple ......
  • The Housing and Planning Act 2016: Rewarding the Aspiration of Homeownership?
    • Núm. 80-4, Julio 2017
    • The Modern Law Review
    In May 2016 the Housing and Planning Act 2016 became law, the first purely Conservative government intervention on housing in England since the 1990s. This article examines the Act's key provisions...
    ......The Act, through the Starter Homes Scheme, extension of the right to buy to housing association tenants and changes to security of tenure in the social sector, has been heralded as a ‘landmark’ piece of legislation. This article scrutinises these policy measures and assesses their ......
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Law Firm Commentaries
  • Community-Led Housing Webinar Series
    • Mondaq UK
    ......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
    ......, 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
    ...... 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
    ...... Parliamentary vote on National Policy Statements social housing allocations reform reform of homelessness legislation social housing ......
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