


- Akhtar v Birmingham CC [2011] EWCA Civ 383; [2011] HLR 28 – A local housing authority
is not obliged to give reasons for a favourable homelessness review decision or when
making an offer of accommodation it considers suitable. You can download my briefing.
- Makisi v Birmingham CC [2011] EWCA Civ 355; [2011] HLR 27 – Homeless applicants have
a right to an oral hearing on a review of their case by a local housing authority.
A briefing is downloadable from 1 Pump Court’s website.
- Solihull MBC v Hickin [2010] EWCA Civ 868; [2010] 1 WLR 2254 – A non-occupying joint
tenant succeeds to a secure tenancy on the death of the other joint tenant by the
common law rule of survivorship ahead of anyone entitled to succeed under the Housing
Act 1985. The Supreme Court has granted permission to appeal.
- Lynch v Kirby [2010] EWHC 297 – whether a tenancy commenced when the tenant moved
in or when housing benefit began. You can download my casenote for details.
- Birmingham CC -v- Qasim [2009] EWCA Civ 1080; [2010] HLR 19 – whether the unlawful
nature of an allocation voids the subsequent grant of a tenancy. You can download
my briefing for details and analysis. The Supreme Court refused Birmingham permission
to appeal on the basis that the Court of Appeal’s decision was “plainly right”.
- Holmes-Moorhouse -v- LB Richmond [2009] UKHL 7; [2009] 1 WLR 413; [2009] HLR 34 –
whether children who were the subject of a shared residence order could reasonably
be expected to reside with both parents. You can download my briefing.
- LB Islington -v- Uckac [2006] EWCA Civ 340; [2006] 1 WLR 1303 (CA) – the Housing
Act 1985 provides a complete code for the termination of a tenancy so the common
law remedy of rescission is not available.
- Muscat -v- Smith [2003] EWCA Civ 962; [2003] 1 WLR 2853 (CA) – following the transfer
of a landlord's interest to a new landlord, if the new landlord sues the tenant for
rent arrears which arose under the old landlord, the tenant may set off against the
claim any counterclaim they had against the old landlord, e.g. for damages for breach
of covenant to repair.
- R -v- Social Security Commissioner ex p Chamberlain (2000) The Times 1 Aug 2000 –
Commissioner erred in law in failing to grant leave to appeal against a decision
upholding termination of Incapacity Benefit.
- Gwenter -v- Eastern Group plc (1995) Legal Action Aug 1995 p.19 (CA) – interim injunction
correctly issued to oblige supplier to reconnect the electricity supply of a customer
accused of tampering with her meter. As the supply was pursuant to statute, not contract,
the availability of such a remedy was in doubt until this case.
- Faulkner -v- Yorkshire Electricity plc (1994) Legal Action Feb 1995 p.23 – A widow
was not liable for the electricity arrears of her late husband, repudiating the concept
of “beneficial user” by which utilities uniquely claimed that anyone who benefited
from their services could be liable to pay for them.