Local Authority Housing in UK Law

Leading Cases
  • Puhlhofer (A.P.) and another (A.P.) v London Borough of Hillingdon England
    • House of Lords
    • 06 Feb 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.

  • O'Rourke v Camden London Borough Council
    • House of Lords
    • 12 Jun 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 Nov 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.

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

    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. He may not like it, he may prefer some other place, but that place is for the relevant time the place where he normally resides.

  • R (M) v Hammersmith and Fulham London Borough Council
    • House of Lords
    • 27 Feb 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.

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

    First, it is designed for the expressed purpose of bringing families together. Secondly, it forms part of a complex of duties which local authorities owe to categories of persons seeking housing. 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 Feb 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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Legislation
  • Housing (Wales) Act 2014
    • Wales
    • 1 de Enero de 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 ......
  • The Housing (Right to Transfer from a Local Authority Landlord) (England) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
  • Housing and Planning Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ......, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— . 1 . New homes in England PART 1 . New ... (a) (a) each local planning authority in England, . (b) (b) the Mayor of London, and . (c) ......
  • Localism Act 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ...... infrastructure projects; to make provision about social and other housing; to make provision about regeneration in London; and for connected ..., and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- . 1 . Local Government PART 1 . Local ......
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Books & Journal Articles
  • The Alchemists' Search for the Philosophers' Stone: The Status of Registered Social Landlords under the Human Rights Act
    • Núm. 66-5, Septiembre 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 ......
  • A False Hope?: A Critical Evaluation of the Difference made by the Human Rights Act to those who Rent Homes
    • Núm. 1-1, Enero 2011
    • Southampton Student Law Review
    • Victoria Ferguson
    • 93-104
    Scholars believed that the Human Rights Act 1998 would compel the courts to address the much derided injustices of housing law and therefore lead to much stronger rights and protection for tenants....
    ...... the much de ri de d inj ustices of housing law and therefore le ad to much s tr onge ... pr oporti on of tenants, namely those in local authori ty housing who we re previously li ......
  • Trust, Distrust and Betrayal: A Social Housing Case Study
    • Núm. 72-2, Marzo 2009
    • The Modern Law Review
    This paper discusses the importance of trust, distrust and betrayal in the context of relational contracts in the modern welfare state. We use a specific case study of the allocation of social hous...
    ...... allocation of social hous- ing.That context is one in which the local authority has statutoryobligations towards households in housing need ......
  • Include me in: user involvement in research and evaluation
    • Núm. 17-1, Febrero 2013
    • Mental Health and Social Inclusion
    • 35-42
    Purpose: This paper aims to discuss the experiences of a group of eight user and carer researchers from learning disability and mental health services who worked together in a research project. The...
    ...... project involving a partnership between a local authority and a housing association. ......
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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 system; it also amends the rules relating to assured ... not deal with the provisions relating to social housing, local authority governance, business rates or EU fines. Abolition of Regional Strategies ......
  • 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 ......
  • 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 ......
  • New Law on Revenge Evictions Goes Cold
    • JD Supra United Kingdom
    The BBC reported this week that fewer than half of the local authorities in England have been called upon to prevent so-called “revenge evictions” since new laws came into force on 1 October 2015.
    ...... this week that fewer than half of the local authorities in England have been called upon to ... to use section 21 notices (under the Housing Act 1988) to recover possession of property let ... fresh complaint to their local housing authority about the same problem;. 3. Obtaining from the ......
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