Housing Tenure in UK Law

Leading Cases
  • 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.

  • 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of the case in hand, how much weight should be given to conflict with policies for the supply of housing that are out-of-date.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)".

  • Birmingham City Council v Walker
    • House of Lords
    • 16 Mayo 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.

  • R Zurich Assurance Ltd Trading as Threadneedle Property Investments (Claimant) North Lincolnshire Council (Defendant) Simons Developments Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 20 Diciembre 2012

    Each local planning authority delegates its planning functions to a planning committee, which acts on the basis of information provided by case officers in the form of a report. Such a report usually also includes a recommendation as to how the application should be dealt with. With regard to such reports:

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Legislation
  • 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 ......
  • Localism Act 2011
    • UK Non-devolved
    • 1 de Enero de 2011
  • Housing (Scotland) Act 2001
    • Scotland
    • 1 de Enero de 2001
    ......out in paragraph 10 of schedule 2’,. . . (ii) for ‘15(2)’ substitute ‘16(2)’. . Land Tenure Reform (Scotland) Act 1974 (c.38) Land Tenure Reform (Scotland) Act 1974 (c.38). . SCH-10.4 .   . 4 In section 8(7) (savings) of the Land Tenure ......
  • 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 ......
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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
    • Nbr. 49-4, September 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?
    • Nbr. 51-1, February 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 ......
  • Politics in a Cold Climate: The Conservative Decline in Scotland
    • Nbr. 37-4, December 1989
    • Political Studies
    An important feature over the last 30 years has been the increasing shortfall in the Conservative vote in Scotland compared with England. The Conservative Party, despite social structural disadvant...
  • BASIC LAND SECURITY AND LIVELIHOOD: A STUDY OF COMPENSATION AND SOCIAL SECURITY POLICY FOR LAND‐EXPROPRIATED PEASANTS IN CHINA
    • Nbr. 32-4-5, October 2012
    • Public Administration and Development
    SUMMARY Frequently, the discourses on land management and social security policy are kept separate from each other. Access to vital land uses or tenure security, however, are not only relevant to l...
    ......Access to vital land uses or tenure security, however, are not only relevant to land policy and urban planning ... discuss how China framed social security policy with respect to housing, tenure security, urban and rural ownership, improvement of slums, the ......
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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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Forms
  • Chapter IHTM24211
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... by six months’ notice to quit and there was no security of tenure. The first main legislative provision was the Agricultural Holdings Act ... embodied in the Rent (Agriculture) Act 1976 and now the Housing Act 1988 gives considerable legal protection to occupiers of tied ......
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