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
    • 27 Abr 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.

  • Lloyd v Sadler
    • Court of Appeal
    • 19 Ene 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".

  • 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.

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