Dwelling House in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    Nature of the damages recoverable and arising of the cause of action. Subject always to adequate proof of causation, these damages may include damages for personal injury and damage to property. In my opinion they may also include damage to the dwelling-house itself; for the whole purpose of the byelaws in requiring foundations to be of certain standard is to prevent damage arising from weakness of the foundations which is certain to endanger the health or safety of occupants.

    To allow recovery for such damage to the house follows, in my opinion, from normal principle. If classification is required, the relevant damage is in my opinion material, physical damage, and what is recoverable is the amount of expenditure necessary to restore the dwelling to a condition in which it is no longer a danger to the health or safety of persons occupying and possibly (depending on the circumstances) expenses arising from necessary displacement.

  • Westminster City Council v Clarke
    • House of Lords
    • 06 February 1992

    Under the Rent Acts, in order to create a letting of part of a house as a separate dwelling there must be an agreement by which the occupier has exclusive possession of essential living rooms of a separate dwelling house.

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

    The starting point must be that "dwelling-house" is not a term of art. While I accept that dictionaries cannot solve issues of interpretation, it nevertheless is helpful to bear in mind that dwelling-house has for centuries been a word of wide import. This context makes it inappropriate for the court to place restrictive glosses on the word "dwelling".

    The words "dwell" and "dwelling" are not terms of art with a specialised legal meaning. 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.

  • Sage v Secretary of State for the Environment, Transport and the Regions and another
    • House of Lords
    • 10 April 2003

    When an application for planning consent is made for permission for a single operation, it is made in respect of the whole of the building operation. The first is the practical one that an application for permission partially to erect a building would, save in exceptional circumstances, fail. As counsel for Mr Sage accepted, if a building operation is not carried out, both externally and internally, fully in accordance with the permission, the whole operation is unlawful.

  • Maunsell v Olins
    • House of Lords
    • 27 November 1974

    A less narrow view would be to say that "premises" includes not only dwelling-houses in the normal popular sense, but premises, which, for the purposes of the Rent Act, are treated as dwelling-houses, Everybody knows, and the draftsman must be taken to have known, that protection under the Rent Acts is given not merely to single, identifiable, pure dwelling-houses or dwelling units, but also to units of a mixed character—houses let with a garden or a yard or a garage or a paddock, houses part (even a substantial part) of which is used for business purposes.

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Legislation
  • Prevention of Social Housing Fraud Act 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... 1: Unlawful sub-letting: secure tenancies ... (1) A tenant of a dwelling-house let under a secure tenancy commits an offence if(a) in breach of an ... ...
  • Consumer Rights Act 2015
    • UK Non-devolved
    • January 01, 2015
  • Tenant Fees Act 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... instrument has been laid before and approved by a resolution of each House of Parliament ... (6) Subsection (5) does not apply to a statutory ... who—(a) is carrying on letting agency work in relation to a dwelling-house in England, and(b) advertises the dwelling-house on a third party ... ...
  • Matrimonial Homes Act 1967
    • UK Non-devolved
    • January 01, 1967
    ... ... and Wales as to the rights of a husband or wife to occupy a dwelling house which has been the matrimonial home; and for connected purposes ... ...
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Books & Journal Articles
  • THRASHING IN THE DWELLINGHOUSE: Dwelling on the Threshold: Criticial Essays on Modern Legal Thought. By Allan C. Hutchinson
    • No. 52-2, March 1989
    • The Modern Law Review
  • Antonelli v Secretary of State for Trade and Industry (1998) 1 All ER
    • No. 7-1, March 1999
    • Journal of Financial Crime
    • 73-74
    Mr Samuel Antonelli, the appellant, was a property agent, who accepted that he was conducting an estate agent's business in the UK until 1985. Earlier in his life he had worked in the realty busine...
    ... ... in 1973 of the crime of burning real estate other than a dwelling house between 1st and 8th December, 1971, an offence contrary to Ch. 750, ... ...
  • The Promotion Exams
    • No. 36-11, November 1963
    • Police Journal: Theory, Practice and Principles
    The eleventh of a series of articles of interest to examination candidates and all concerned with training.
    ... ... he can enter, he will be guiltyofburglary should he return to the house on another night and enterin order to complete the crime: R. v. Smith ... Kenny, para. 215).Dwelling-houseA dwelling-house is a " permanent building in which the tenantor ... ...
  • The Promotion Exams
    • No. 36-10, October 1963
    • Police Journal: Theory, Practice and Principles
    The tenth of a series of articles of interest to examination candidates and all concerned with training.
    ... ... He is permitted to enter the house and whilst inside, steals whatever is available: R. v. Boyle ... 25 (I) Yes In Yes Dwelling-house of another Night To commit any No felony therein - --- 4 ... ...
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Law Firm Commentaries
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Forms
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