Housing Tenure in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 Mayo 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 Julio 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.

  • Horford Investments Ltd v Lambert
    • Court of Appeal (Civil Division)
    • 18 Octubre 1973

    The letting in each case was of a house comprising more dwellings than one. But I agree with the county court judge in thinking that Parliament when it enacted Section 1 (1) used the singular diliberately, and in this instance did not intend the singular to include the plural. The policy of the Rent Acts was and is to protect the tenant in his home, whether the threat be to extorta premium for the grant or renewal of his tenancy, to increase his rent, or to evict him.

  • R v London Borough of Camden ex parte Pereira
    • Court of Appeal (Civil Division)
    • 20 Mayo 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 Marzo 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 Marzo 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)".

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  • Housing (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ... ... PART 7: Miscellaneous ... 93: Right to redeem heritable security after 20 years: power to exempt ... (1) In section 11 of the Land Tenure Reform (Scotland) Act 1974 (c.38) (right to redeem heritable security after 20 years where security subjects used as a private dwelling) , after ... ...
  • Housing Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ... ... Security of tenure ... 5: Security of tenure ... (1) An assured tenancy cannot be brought to an end by the landlord except by—(a) obtaining—(i) an order of the ... ...
  • Housing Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ... ... and Housing Act 1989(6) An assured tenancy arising by virtue of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies) ... Tenancies replacing non-shortholds(7) (1) An assured tenancy which—(a) is granted to a person (alone or ... ...
  • Housing Act 1980
    • UK Non-devolved
    • 1 de Enero de 1980
    ...Housing Act 1980 ... Housing Act 1980 ... Housing Act 19801980 c. 51An Act to give security of tenure, and the right to buy their homes, to tenants of local authorities and other bodies; to make other provision with respect to those and other tenants; ... ...
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Books & Journal Articles
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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 ... ...
  • 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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