Unsuitable Housing in UK Law

Leading Cases
  • Awua v Brent London Borough Council
    • House of Lords
    • 06 Jul 1995

    I would therefore hold that the duty of the local housing authority to an unintentionally homeless person in priority need under section 65(2) is simply to secure that accommodation becomes available for his occupation. If the tenure is so precarious that the person is likely to have to leave within 28 days without any alternative accommodation being available, then he remains threatened with homelessness and the council has not discharged its duty.

  • Quick v Taff Ely Borough Council
    • Court of Appeal
    • 29 Jul 1985

    As a matter of the ordinary usage of English that which requires repair is in a condition worse than it was at some earlier time.

  • Andrews v Schooling
    • Court of Appeal
    • 21 Mar 1991

    Thus, supposing that the owner of a plot of land instructs a builder to erect a dwelling-house on a plot. The builder erects the house but fails to include a damp course. I cannot conceive that Parliament could have intended that in those circumstances the builder would be free from any duty under sub-section (1). And what, I ask forensically, in those circumstances would be the need for the exception (and the exception to the exception) under sub-section (2)?

  • R (Aweys and Others) v Birmingham City Council
    • Queen's Bench Division (Administrative Court)
    • 26 Jan 2007

    In the vast majority of cases, the making of the application will mean that it is difficult if not impossible for the Council not to believe that the applicant may be homeless or threatened with homelessness. If it is apparent from what is said by an applicant (for there is no requirement that an application be in writing) or from anything in writing that he may be homeless or threatened with homelessness, the duty is triggered.

  • R (Hossack) v Kettering BC and Another
    • Queen's Bench Division (Administrative Court)
    • 31 Jul 2003

    In deciding whether the use in this case of each of the Properties is by the residents living together as a "single household" for the purposes of the 1987 Order, it is critical to examine whether (in the language of Nourse LJ) there is such relationship between the residents as provides a particular reason for their living in the same house. In my view there is lacking such a relationship in the case of the residents of the Properties.

  • Simmons v Pizzey
    • House of Lords
    • 12 May 1977

  • Bole and another v Huntsbuild Ltd and another
    • Court of Appeal
    • 20 Oct 2009

    It is perhaps understandable that he used the phrase “unfit for purpose” in the light of paragraph 34 of the Law Commission report. I cannot, however, accept that there is any material error here. In my view, it is clear that the judge meant that defects which render a dwelling unfit for its purpose, are defects which render it unfit for habitation. The obvious purpose of a dwelling is for it to be occupied and inhabited safely and without inconvenience.

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Books & Journal Articles
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Law Firm Commentaries
  • Royal Academy Of Engineers Publishes Report On The Sustainability Of Biofuels
    • JD Supra United Kingdom
    • Bergeson & Campbell, P.C.
    • July 31, 2017
    On July 14, 2017, the Royal Academy of Engineering (Academy) published a report on the sustainability pros and cons of biofuels, which was commissioned by the Department of Transport and the Depart...
    ......, and to incentivize the use of marginal land, such as land unsuitable for food production or housing, for the production of biofuels.  The ......
  • Office To Residential - The New Permitted Development Rights
    • Mondaq United Kingdom
    • February 12, 2013
    ...... of commercial premises will be outweighed by the benefit of new housing units, additional construction output and jobs. The Reaction. Many ... have been raised about the prospect of housing people in unsuitable accommodation and conflicts of land uses where residential property is ......
  • NHS Estates Report
    • Mondaq UK
    • November 27, 2019
    ......, many of which are contaminated with asbestos, that are wholly unsuitable for hub working, new technology or the housing of multi-disciplinary ......
  • Better Care For Frail Older People: A Right That Needs To Become A Reality
    • Mondaq United Kingdom
    • March 13, 2014
    ...... for the 45-64 age group health conditions exacerbated by unsuitable living conditions, with a third of people over 75 living in housing that ......
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