Local Authority Housing in UK Law

Leading Cases
  • R (M) v Hammersmith and Fulham London Borough Council
    • House of Lords
    • 27 February 2008

    It is impossible to read the words 'a child who is'provided with accommodation by the authority in the exercise of any functions…which are social services functions within the meaning of the Local Authority Social Services Act 1970…' to include a child who has not been drawn to the attention of the local social services authority or provided with any accommodation or other services by that authority.

  • Puhlhofer (A.P.) and another (A.P.) v London Borough of Hillingdon England
    • House of Lords
    • 06 February 1986

    Where the existence or non-existence of a fact is left to the judgment and discretion of a public body and that fact involves a broad spectrum ranging from the obvious to the debatable to the just conceivable, it is the duty of the court to leave the decision of that fact to the public body to whom Parliament has entrusted the decision-making power save in a case where it is obvious that the public body, consciously or unconsciously, are acting perversely.

  • Mohamed v Hammersmith and Fulham London Borough Council
    • House of Lords
    • 01 November 2001

    It is clear that words like ordinary residence and normal residence may take their precise meaning from the context of the legislation in which they appear but it seems to me that the prima facie meaning of normal residence is a place where at the relevant time the person in fact resides. So long as that place where he eats and sleeps is voluntarily accepted by him, the reason why he is there rather than somewhere else does not prevent that place from being his normal residence.

  • O'Rourke v Camden London Borough Council
    • House of Lords
    • 12 June 1997

    The first is that the Act is a scheme of social welfare, intended to confer benefits at the public expense on grounds of public policy. Public money is spent on housing the homeless not merely for the private benefit of people who find themselves homeless but on grounds of general public interest: because, for example, proper housing means that people will be less likely to suffer illness, turn to crime or require the attention of other social services.

  • Cocks v Thanet District Council
    • House of Lords
    • 25 November 1982

    Once a decision has been reached by the housing authority which gives rise to the temporary, the limited or the full housing duty, rights and obligations are immediately created in the field of private law. But it is inherent in the scheme of the Act that an appropriate public law decision of the housing authority is a condition precedent to the establishment of the private law duty.

  • Din (Taj) v Wandsworth London Borough Council
    • House of Lords
    • 26 November 1981

    First, it is designed for the expressed purpose of bringing families together. The Act must be interpreted in the light of these matters, with liberality having regard to its social purposes, and also with recognition of the claims of others and the nature and scale of local authorities' responsibilities.

  • Ivan Crane v Secretary of State for Communities and Local Government (First Defendant) Harborough District Council (Second Defendant)
    • Queen's Bench Division (Administrative Court)
    • 23 February 2015

    In the section of the NPPF headed "Delivering a wide choice of high quality homes" paragraph 47 explains what local planning authorities should do "[to] boost significantly the supply of housing".

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  • Housing and Planning Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... , and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— ... PART 1: New homes in England ... 1: ... under subsection (8) the Secretary of State must consult—(a) each local planning authority in England,(b) the Mayor of London, and(c) any other ... ...
  • Tenant Fees Act 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... and about the lead enforcement authority; to amend the provisions of the Consumer Rights ... landlord in connection with a tenancy of housing in England ... (2) A landlord must not require ... (9) (b) to a person does not include—(a) a local housing authority within the meaning of the ... ...
  • Housing (Wales) Act 2014
    • Wales
    • January 01, 2014
    ... ... of the accommodation needs of Gypsies and Travellers and to require local authorities to meet those needs; to make provision about the standards of ... by a person designated by the Welsh Ministers as the licensing authority for the whole of Wales or by different persons designated as licensing ... ...
  • Renting Homes (Wales) Act 2016
    • Wales
    • January 01, 2016
    ... ... (i) community landlords (which are local authorities, registered social landlords and r kinds of authority), and ... (ii) private landlords (which are any ... landlord, other than a fully mutual housing association or a co-operative housing ... ...
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Books & Journal Articles
  • ‘It’s all considered to be unacceptable behaviour’
    • No. 63-4, December 2016
    • Probation Journal
    Despite a growing recognition of the intersectional relationship between homelessness and incarceration, we have a limited knowledge about housing policy and practice for people leaving custody and...
    ... ... practitioners’ experience of statutory housing duty for (ex)offenders Vickie Cooper The Open ... this paper provides an overview of the main local housing authority statutory duties in the ... ...
    • No. 62-4, December 1984
    • Public Administration
    The article begins with a review of the existing literature on the regional level of government and the ‘regional state’, and proceeds to focus on the range of linkages which are found between the ...
    ... ... The article concludes with suggestions concerning the role and influence of the regional officers of the DOE on local authority housing policy. Recent years have seen a steady increase in the interest shown in the study of central- local government relations ... ...
  • The Alchemists' Search for the Philosophers' Stone: The Status of Registered Social Landlords under the Human Rights Act
    • No. 66-5, September 2003
    • The Modern Law Review
    Social housing in Great Britain is undergoing a radical transformation with the transfer of local authority housing to housing associations, more particularly registered social landlords (RSLs). Wh...
    ... ... the Human Rights Act Jill Morgan n Social housing in Great Britain is undergoing a radical mation with the transfer of local authority housing to housing associations, more ... ...
  • Book Notes
    • No. 53-3, September 1975
    • Public Administration
    Book review in this article Local Government in Britain Central Office of Information, 10th ed HMSO, 1975. The Essex Reference Index: British Journals on Politics and Sociology, 1950–73 K. Mayor...
    ... ... Book Notes Local Government in Britain Central Office of ... the principal types of local authority, local election procedures, internal or- ... Local Authority Housing Policy and Practice-A Case Study Approach ... ...
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Law Firm Commentaries
  • The Localism Act 2011
    • JD Supra United Kingdom
    The Localism Act 2011 is a major piece of reforming legislation that makes significant changes to local government, social housing and the planning system; it also amends the rules relating to assu...
    ... ... that makes significant changes to local government, social housing and the planning ... relating to social housing, local authority governance, business rates or EU fines. Abolition ... ...
  • Coming soon: New electrical safety standards for PRS landlords
    • JD Supra United Kingdom
    New draft Electrical Safety Regulations have been laid before Parliament but what do they mean for landlords in the private rented sector? When and where will they apply?
    ... ... a term of seven years or more, student housing, and tenancies of hostels, refuges, care homes, ... In addition, where a local housing authority requests it, the report must be ... ...
  • Section 106 obligations: reducing the affordable housing requirement - renegotiation or appeal
    • JD Supra United Kingdom
    Over the last couple of years, it has become increasingly common for disputes to arise as to whether or not a proposed development would be viable if it is required to carry an affordable housing o...
    ... ... to carry an affordable housing obligation that is consistent with local planning policy. A recent Court of Appeal decision provides an interesting ... housing even if its figures are disputed by the local planning authority. This is likely to strengthen developers hands considerably when it comes ... ...
  • Coming Soon: New Electrical Safety Standards For PRS Landlords
    • Mondaq UK
    ... ... a term of seven years or more, student housing, and tenancies of hostels, refuges, care homes, ... In addition, where a local housing authority requests it, the report must be ... ...
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