Residential Tenancy in UK Law

Leading Cases
  • Harrow London Borough Council v Qazi
    • House of Lords
    • 31 Jul 2003

    The House has made it very plain, most recently in Runa Begum v Tower Hamlets London Borough Council [2003] UKHL 5, [2003] 2 WLR 388, particularly in paragraphs 9 and 49, that the administration of public housing under various statutory schemes is entrusted to local housing authorities. It is not for the court to second-guess allocation decisions. The Strasbourg authorities have adopted a very pragmatic and realistic approach to the issue of justification.

    I wish to reserve my opinion as to whether it would be open to the tenant, in a wholly exceptional case, to raise these issues in the county court where proceedings for possession were being taken following the service of a notice to quit by the housing authority, bearing in mind as Lord Millett points out that its decision to serve the notice to quit would be judicially reviewable in the High Court so long as the application was made within the relevant time limit.

    Article 8 was intended to deal with the arbitrary intrusion by state or public authorities into a citizen's home life. It was not intended to operate as an amendment or improvement of whatever social housing legislation the signatory state had chosen to enact. There is nothing in Strasbourg case law to suggest the contrary.

  • Uratemp Ventures Ltd v Collins
    • House of Lords
    • 11 Oct 2001

    They are ordinary English words, even if they are perhaps no longer in common use. They mean the same as "inhabit" and "habitation" or more precisely "abide" and "abode", and refer to the place where one lives and makes one's home. They suggest a greater degree of settled occupation than "reside" and "residence", connoting the place where the occupier habitually sleeps and usually eats, but the idea that he must also cook his meals there is found only in the law reports.

  • Poplar Housing and Regeneration Community Association Ltd v Donoghue
    • Court of Appeal (Civil Division)
    • 27 Apr 2001

    We are satisfied, that notwithstanding its mandatory terms, section 21(4) of the 1988 Act does not conflict with the defendant's right to family life. Section 21(4) is certainly necessary in a democratic society in so far as there must be a procedure for recovering possession of property at the end of a tenancy. The question is whether the restricted power of the court is legitimate and proportionate. This is the area of policy where the court should defer to the decision of Parliament.

  • Farrell v Alexander
    • House of Lords
    • 24 Jun 1976

    But, unless the process of consolidation, which involves much labour and careful work, is to become nothing but a work of mechanical convenience, I think that this tendency should be firmly resisted; that self-contained statutes, whether consolidating previous law, or so doing with amendments, should be interpreted, if reasonably possible, without recourse to antecedents, and that the recourse should only be had when there is a real and substantial difficulty or ambiguity which classical methods of construction cannot resolve.

  • Lloyd v Sadler
    • Court of Appeal (Civil Division)
    • 19 Jan 1978

    In my opinion, the judgment of Lord Justice Scrutton in Howson v. Buxton shows that, where the strict application of the doctrine of joint tenancy would lead to unreasonable results, or results which the legislature is unlikely to have intended, it is permissible for the court to conclude that the legislature did not so intend: but that, instead, in such a case, the phrase "the tenant", where there is a joint tenancy, is to be read as meaning "the joint tenants or any one or more of them".

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Legislation
  • The Immigration (Residential Accommodation) (Termination of Residential Tenancy Agreements) (Guidance etc.) Regulations 2016
    • UK Non-devolved
    • January 01, 2016
  • Immigration Act 2014
    • UK Non-devolved
    • January 01, 2014
    ...... Access to services etc . CHAPTER 1 . Residential tenancies . Key interpretation Key interpretation . S-20 . Residential tenancy agreement 20 Residential tenancy agreement . (1) This section applies ......
  • Land Reform (Scotland) Act 2016
    • Scotland
    • January 01, 2016
    ...... on agricultural holdings to provide for new forms of agricultural tenancy, to remove the requirement to register before tenants of certain holdings ... . . (b) the open market rent of any surplus residential accommodation on the holding provided by the landlord, and. . . (c) the ......
  • Landlord and Tenant Act 1954
    • UK Non-devolved
    • January 01, 1954
    ...... of tenure for occupying tenants under certain leases of residential property at low rents and for occupying sub-tenants of tenants under such ...this Part of this Act of a tenancy to which this section applies. the tenant shall be entitled to the ......
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Books & Journal Articles
  • Renovations in lieu of rent in Spanish tenancy law
    • Nbr. 10-2, July 2018
    • Journal of Property, Planning and Environmental Law
    • 140-153
    Purpose: In the context of difficulties in access to housing, the Spanish Act 4/2013 introduced a new article 17.5 into the Act on Urban Leases 1994 (LAU). This paper regulates the so-called renova...
    ...... of renovati ons in lieu of rent and determines whether this new scheme,according to the current regulation, may representa true residential alternative for vulnerablepeople or if legislative reform is needed to promote its use. Keywords Housing, Spain, Renovations, Construction, Tenancy, ......
  • Notices to Quit, Protective legislation and the Joint Tenancy Doctrine
    • Nbr. 48-4, July 1985
    • The Modern Law Review
    ...... tenant, under what is now section 2 of the Rent Act 1977, at the end of the contractual term of a residential tenancy. The rationale of both decisions was that the legislative provisions concerned created rights in personurn. Lawton L.J. ......
  • A coalition of the (un)willing?. The convergence of landlord and renter interests in the “right to rent”
    • Nbr. 11-2, July 2019
    • Journal of Property, Planning and Environmental Law
    • 121-134
    Purpose: The Immigration Act (2014) at Part 3 established a new regime with private landlords incurring penalties (and potentially criminal liability from 1 November 2016) if they allow a person di...
    ...... a coalescence of both tenant and landlord interests, with the Residential Landlords ’ Association (RLA) a body representing over 35,000 private ... landlord s ’ rights to recover their property at the end of the tenancy" term. Those changes aligned with the context of the Thatch er government \xE2\x80"......
  • Silence and Sodomy: The Creation of Homosexual Identity in Law
    • Nbr. 61-1, January 1998
    • The Modern Law Review
    ...... The Times 31 July 1997 (CA) (succession rights under private residential tenancy); Woking BC v Bistram 27 HLR 1 (CA) (homophobic abuse as ......
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Law Firm Commentaries
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