Court : House of Lords
..... that reasonable preference is given to - (a) people who are homeless (within the meaning of part 7); (b) people who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the housing act 1985) or who are occupying accommodation secured by any such authority under section 192(3); (c) people occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions; (d) people who need to move on medical or welfare grounds (including grounds relating to ..... taken into account include - (a) the financial resources available to a person to meet his housing costs; (b) any behaviour of a person (or of a member of his household) which affects his suitability to be a tenant; (c) any local connection (within the meaning of section 199) which exists between a person and the authoritys district. (4) the secretary of state may by regulations specify factors which a local housing authority shall not take into account in allocating housing accommodation. ..... these definitions are of course open to criticism, and no doubt when the council come to rewrite their policy they will give careful thought to the points which have been made in these proceedings, but it is not for the courts to pick detailed holes in the definitions which the council have ..... almost by definition a tenant who is prepared to move from accommodation which is larger than her needs is unlikely to fall within any of the reasonable .....
Tag this Judgment!Court : House of Lords
..... your lordships approved the statement of sir stephen brown p in that case in the court of appeal, reported at [1990] 2 qb 697, when he said, at p 785: "we agree with the divisional court that in [section 111(1)] the word 'functions', which is accompanied by no statutory definition, is used in a broad sense, and is apt to embrace all the duties and powers of a local authority: the sum total of the activities parliament has entrusted to it. those activities are its functions ..... relation to the first argument, the respondent in its printed case pointed to the definition of the word "house" contained in section 56 of the housing act 1985: "'house' includes any yard, garden, outhouses and appurtenances belonging to the ..... provides for some general amplification of a local authority's powers: "without prejudice to any powers exercisable apart from this section but subject to the provisions of this act and any other enactment passed before or after this act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental ..... , expressed the same conclusion at para 38, speaking of the relationship between section 7(1) of the 1975 act and section 23(1) of the 1985 act: "mr kadri argued that the contrast between those two sections demonstrated that the powers under section 23(1) were limited as he said them to be. .....
Tag this Judgment!Court : House of Lords
..... these appeals require your lordships to consider whether, when determining the prices to be paid by the tenant under section 9(1) of the 1967 act, section 9(1a) of the 1967 act, para 3 of schedule 13 to the 1993 act, and para 3 of schedule 6 to the 1993 act (in each case in their respective current forms), hope value can, as a matter of principle, be taken into account as a component of the price to ..... therefore could be said to follow that, provided it was justified on the evidence, a landlord in the hypothetical friendly negotiations with his tenant for the sale of the freehold reversion, as described in lloyd-jones [1982] 1 eglr 209, 211l-m, would negotiate on the basis that (a) the investment value of his interest should include hope value (as that is how the price would be calculated if the tenant was not in ..... as half the marriage value is what the tenant would pay if he was in the market (as explained in lloyd-jones [1982] 1 eglr 209, 211l-m), it seems logically inconsistent that he should have to pay yet more on the basis that, although not in the market ..... is the hypothetical buyer of the landlords interest, which is to be found in the otherwise impeccable reasoning of the lands tribunal in the passage quoted above from lloyd-jones [1982] 1 eglr 209, 211l-m, and supported by the extract from the 2nd edition of hague. 89. ..... in the second of those cases, lloyd-jones v church commissioners for england [1982] 1 eglr 209, the tenants lease had about twelve years unexpired and was .....
Tag this Judgment!Court : House of Lords
..... ewca civ 1510, [2002] qb 1129, the court of appeal found no breach of article 8 where a housing authority determined the introductory tenancies of tenants whose rent was in arrears under section 127(2) of the housing act 1996, since (para 63) parliament had decided that it was necessary in the interest of tenants generally and the local authorities to have a scheme whereby, during the first twelve months, ..... that the claim by the public authority in connors to seek to recover possession was unlawful as it was invoking a right to possession that was provided by statute: see section 6(2)(b) of the human rights act 1998, which provides that section 6(1) does not apply to an act if the authority was acting so as to give effect to or enforce provisions under primary legislation which cannot be read or given effect to in a way which is compatible with the convention rights ..... thus in poplar housing and regeneration community association limited v donoghue [2001] ewca civ 595, [2002] qb 48, the court of appeal found no breach of article 8(2) in the use of section 21(4) of the housing act 1988, as amended, to gain possession of an assured shorthold tenancy granted to a person who had been intentionally homeless, because (para 69) parliament had intended to give preference to the needs of ..... by definition, it would be "in accordance with the law"; it would serve the legitimate aim of protecting the property rights of the landowner and in some cases the rights of neighbouring occupiers; and .....
Tag this Judgment!Court : House of Lords
..... for what it is worth, it will be obvious from what has gone before that i agree with the broad approach to the interpretation of when a parent is prevented from providing suitable accommodation or care under section 20(1)(c), which was favoured by michael burton j in the nottinghamshire case and by stanley burnton j at first instance in the sutton london borough council case [2007] ewca 1196 (admin), [2007] 2 flr 849, rather than with ..... in the chapter dealing with inter-agency assessment, the department of health give the following guidance about the respective responsibilities of housing and social services departments, in para 5.72: social services departments have a duty under section 20(3) of the children act 1989 to accommodate any child in need aged 16 and 17 whose welfare is likely to be seriously prejudiced without the provision of accommodation. ..... this duty is now owed to children up to the age of 18 (its predecessors in the children act 1948 and child care act 1980 applied only up to the age of 17) but section 20(3) provides an additional duty towards 16 and 17 year olds: every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare ..... it was common ground that the classification or definition of what was being done by the council at the time, particularly where there was no assessment and the relevant matters were not in mind, could not possibly be determinative as to what had occurred .....
Tag this Judgment!Court : House of Lords
..... ms m's primary case was and is that in order to avoid a breach of article 14 in conjunction with article 8, or in conjunction with article 1 fp, the definitions in regulation 1(2) of the regulations should be read and given effect, under section 3 of the 1998 act, so as to treat her and her same-sex partner as an unmarried couple, and her partner's child as a member of the family. ..... ex p equal opportunities commission [1989] ac 1155 (in which proportionately fewer grammar school places were available for girls than for boys) was decided under domestic law years before the commencement of the 1998 act, but in convention terms it would have been a classic example of discrimination amounting to a breach under article 14, although there was no breach under the substantive article (since there is no general right to grammar school education ..... any other result would be discriminatory both under article 8 and under article 1 of protocol 1, read in each case with article 14 of the convention on human rights, and that it was possible to avoid a discriminatory result under section 6 of the interpretation act 1978 by reading 'man' to include 'woman' and 'woman' to include 'man' in the definitions in paragraph 1 of the masc regulations. ..... " that sequence can be seen in our domestic law: the main steps being the sexual offences act 1967, the beginning of specific anti-discrimination legislation in the 1970s (though with some back-sliding over clause 28), and now sweeping changes in family law .....
Tag this Judgment!Court : House of Lords
..... enables the court to make the possession order is incompatible with article 8, the county court in the exercise of its jurisdiction under the human rights act 1998 should deal with the argument in one or other of two ways: (i) by giving effect to the law, so far as it is possible for it to do so under section 3, in a way that is compatible with article 8, or (ii) by adjourning the proceedings to enable the compatibility issue to be dealt with in the high court; (b) if the defendant ..... both issues, however, had been raised in connors; and in kay and price a definitive statement from the house regarding the type of case in which an article 8 defence might successfully be raised in answer to a possession claim was needed in order to take into account the possibility that these issues might ..... of the presence of the defendants, as a result of which the site is severely under utilised and this causes unauthorised encampments in the city (see para.4(iv)) it is possible that this passage was intended as an implicit allegation of anti-social behaviour or misconduct on the part of members of the doherty family but i would not, speaking for myself, so read it. ..... the authority decided simply to terminate mr connors licence rather than undertake the burden of proving anti-social behaviour amounting to nuisance on the part of his extended family. ..... that as it may, the defendants in their defence denied being guilty of any anti-social behaviour or of causing damage to the site (para.9 (iii)(c) and .....
Tag this Judgment!Court : House of Lords
..... benefit is paid is governed by section 134 of the social security administration act 1992 (the administration act), as amended by section 121 of and paragraph 1 of schedule 12 to the housing act 1996 and section 127(1) of and paragraphs 34 and 35(1) of schedule 7 to the local government act 2003. ..... the subsidy, provided for by sections 140a to 140g of the administration act (as inserted by section 121 of and paragraph 4 of schedule 12 to the housing act 1996) and by subordinate legislation, covers 95 per ..... not in dispute that mr hanoman was entitled under section 118 of the 1985 act to the statutory right-to-buy in respect of his ..... section 153a(1) of the act, as inserted by section 124 of the housing act 1988, entitles the tenant, where the landlord has failed within the applicable period to serve a section 124 notice, to serve on the ..... reject the literal construction of payment of rent that is contended for and conclude that the crediting of housing benefit to the rent account of a local authority tenant as required by section 134(1a) of the administration act is a payment of rent for the purposes of section 153b of the housing act 1985. ..... under section 130 of the act a person who meets the means test created by the section is entitled to ..... section 124 of the act requires a landlord on whom a section 122 right-to-buy notice has been served to serve, within four or eight weeks thereafter (depending on the circumstances), a notice on the tenant stating whether the landlord admits or .....
Tag this Judgment!Court : House of Lords
..... residential accommodation for people needing care and attention and temporary accommodation for people in urgent need, both under section 21 of the 1948 act; and for expectant and nursing mothers and young children under section 22 of the 1946 act; they shared with the health service the power to provide residential accommodation for the prevention, care and after ..... ; but all their powers to provide or arrange residential accommodation for the various adult client groups were brought together in an amended version of section 21(1) of the 1948 act: subject to and in accordance with the provisions of this part of this act, a local authority may with the approval of the secretary of state, and to such extent as he may direct shall, make arrangements for ..... subsection 21(1b) incorporated the definition of destitution, together with its ancillary provisions, from section 95(3) of the 1999 act: for the purposes of this section, a person is destitute if - (a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or (b) he ..... parliament responded by passing the asylum and immigration act 1996, validating the 1996 social security regulations and the associated denial of public housing assistance under part iii of the housing act 1985 by the housing accommodation and homelessness (persons subject to immigration control) order 1996 (1996 si no 1982), thus also reversing the effect of r v royal borough of kensington .....
Tag this Judgment!Court : House of Lords
..... free hand under its inherent or procedural powers to suspend, stay or order its discharge proleptically (or even ex post facto), in circumstances not envisaged by the detailed statutory provisions of section 100 of the rent act 1977, section 85 of the housing act 1985 and section 9 of the housing act 1988 and of their predecessor provisions, one asks why such statutory provisions (developed and built on by the legislature over the last century) were necessary at all. ..... chadwick lj (giving the only reasoned judgment of the court of appeal) said at para 37 that [t]he power to discharge or rescind the order for possession, conferred by section 85(4) of the 1985 act, is a power which can only be exercised in the light of the circumstances prevailing at the time", and that therefore that power cannot be exercised in advance; because the court cannot know, in ..... cooper an absolute possession order was made against a statutory tenant, but, on later application to suspend, vary or discharge this order under section 4 of the rent and mortgage interest restrictions act 1923, the statutory tenant obtained a further order postponing the date for possession by 28 days on condition that the tenant pay the arrears ..... plank in the argument advanced on behalf of knowsley by mr edward bartley jones qc, namely that a close examination of parts of section 9 of the 1988 act indicates that it must have been envisaged that an assured tenancy would be ended by a possession order some time before the tenant .....
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