Court : House of Lords
..... determination was the date in the autumn of 1993 when statutory notice was first published of the making of the london underground (east london line extension) order under the transport and works act 1992: section 22(2)(a) of the 1961 act; jelson v minister of housing and local government [1970] 1 qb 243; fletcher estates (harlescott) ltd v secretary of state for the environment [1999] qb 1144, affd [ ..... to the effect that permission for the development would have been granted, but on the erroneous basis that the relevant date for consideration of planning policies and circumstances in determining the section 17 application was the date of valuation of spireroses claim for compensation, december 3, 2001, rather than the date of the notice of the application for the making of ..... judicial exposition of earlier statutes (for an unusual example, in the field of compulsory purchase, of parliament expressly carrying forward judicial doctrine, see the observations of lord hoffmann on injurious affection under section 10 of the compulsory purchase act 1965 in wildtree hotels ltd v harrow lbc [2001] 2 ac 1, 6-7; there are also some interesting observations at pp295-296 about the opinions of individual [victorian] judges on questions of economic and ..... . the principal authorities, well known to tax practitioners, are wt ramsay ltd v irc [1982] ac 300, furniss v dawson [1984] ac 474, irc v mcguckian [1997] 1 wlr 991 (especially lord browne-wilkinson at p 998, lord steyn at pp 999-1000 and lord cooke at .....
Tag this Judgment!Court : House of Lords
..... could accept that the family was homeless because of over-crowding or the condition of the property they were currently occupying, and that the full duty under section 193(2) was owed because the family was in priority need and had not become homeless intentionally, but that they could discharge their duty by leaving the family in their existing ..... however, what is regarded as suitable for discharging the interim duty may be rather different from what is regarded as suitable for discharging the more open-ended duty in section 193(2); but what is suitable for discharging the full duty in section 193(2) does not have to be long life accommodation with security of tenure such as would arise if the family were allocated the tenancy of a council house under ..... . thus it is no longer suggested that a person who has been provided with interim accommodation under section 188(1) is no longer homeless for the purpose of section 175(1) for this would defeat the whole scheme of the act: see r (alam) v london borough of tower hamlets [2009] ewhc 44 (admin) and the decision of her honour judge angelica mitchell in khatun v london ..... there was no reference in the definition of homelessness to whether or not it was reasonable for him to continue ..... in r v ealing london borough council, ex p sidhu (1982) 80 lgr 534, a woman had left her home because of ..... bed if one was available but turned out during the day is one example: see r v waveney district council, ex parte bowers, the times, 25 may 1982. 54 .....
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
..... this same labelling problem arose in other cases where the childrens authority had arranged accommodation for a child but was reluctant to accept that it had done so under section 20: see r (l) v nottinghamshire county council [2007] ewhc 2364; r (d) v southwark london borough council [2007] ewca civ 182, [2007] 1 flr 2181; r (s) v sutton london borough council [2007 ..... prompted the local authoritys decision letter of 20 september, which stated that: our client department has fully considered your clients needs and reached the decision that section 20 is not appropriate as a has no identified need for social services support, and his needs can be satisfactorily met through provision of housing and referrals to ..... thereby had a duty to house him, the childrens authority could perform its duty under section 20 of the 1989 act by making arrangements with the housing authority to ensure that a was provided with housing. 38 ..... circumstances in which a 16 or 17 year old who is temporarily without accommodation is nevertheless not in need within the meaning of section 17(10): perhaps a child whose home has been temporarily damaged by fire or flood who can well afford hotel accommodation while it is ..... by definition, they were ineligible for housing under the 1996 act and so their only source of publicly ..... definition of a looked after child in section 22 was at the same time amended to make it clear that it did not include children who were provided with accommodation under section .....
Tag this Judgment!Court : House of Lords
..... each made their application for employment to the respondent, accepted the use of violence for political ends connected with the affairs of northern ireland, including the use of violence for putting the public or any section of the public in fear; and that when each made the said application for employment to the respondent, neither in fact held such a political opinion, which fell within the terms of article 2(4) ..... at page 117 that that meant in broad terms (which was not intended to be an exhaustive or precise definition) an opinion relating to the policy of government and matters touching the government of the state. ..... it would not be unusual from time to time for a hostel to accommodate a resident or residents who had had to leave home because of action or threats from paramilitary organisations or others, for example because of alleged anti-social activities, and that its over-riding concern was the care and safety of the residents. ..... i were persuaded that this was a case where reference could properly be made to hansard, i would not regard anything said by the ministers concerned as providing a reliable gloss on section 57(2) of the 1976 act or article 2(4) of the 1998 order. 40. ..... he also stated that his address from 1982 to 1996 was long kesh pow camp, lisburn", a description applied by republican prisoners to ..... of alleged political activity by special courts 1975-1977 for being, it was alleged, a republican and for life during 1982-1996 for alleged republican activity". .....
Tag this Judgment!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
..... there is no doubt that the pursuers will be entitled to obtain a judicial remedy against them under section 8 of that act if they can establish that they acted in a way that is incompatible with the deceaseds convention rights. ..... its officials were in any way complicit with mr drummond in his attack on mr mitchell, nor that in summoning mr drummond to the 31 july meeting and informing him of the notice proposed to be served and the likely consequences if his anti-social behaviour were to continue the council or its officers were in breach of any duty they owed to mr mitchell. ..... mitchell and mr drummond were tenants of glasgow city council and the latters propensity for violence and anti-social behaviour towards, in particular, mr mitchell were well-documented and known to the council. ..... there was a duty to warn in this case, must it not follow that there is a duty to warn in every case where a social landlord has reason to suspect that his tenant may react to steps to address his anti-social behaviour by attacking the person or property of anyone he suspects of informing against him? ..... there from middleton street, where he had behaved in an anti-social manner and attacked his neighbours with a tyre lever. ..... day between council officials and mr drummond at which the council officials had informed mr drummond that a notice of proceedings to recover possession of his council dwelling would be served on him and that any continuance of his anti-social behaviour could lead to his eviction. .....
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
..... 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 .....
Tag this Judgment!Court : House of Lords
..... bearing in mind this houses obligation under section 2(1)(a) of the human rights act 1998 to take into account any ..... be entirely in accordance with the approach one would expect of any tribunal charged with enforcing anti-discrimination legislation in a democratic state in the late 20th, and early 21st, centuries. 43 ..... the decision in bedfordshire [1995] 2 ac 633 had been given before the human rights act 1998 came into force, there was no reference to the convention in any of the opinions, and the plaintiffs (who failed in the house of lords) succeeded in their subsequent ..... the effect of sections 124 and 135 of that act is to entitle certain categories of people (including those with a disability) with no or low income to such amount or the aggregate of such ..... that for an individual to be without accommodation does not mean simply that he or she is homeless for the purposes of the housing acts (a legal classification which can include persons living in overcrowded or unsanitary accommodation). ..... 718 was, of course, laid down at a time when there were no international courts whose decisions had the domestic force which decisions of the ecthr now have, following the passing of the 1998 act, and in particular section 2(1)(a). ..... or at least would benefit from, accommodation, as indeed is reflected by the fact that they are included among those who are accorded priority need for housing under the housing acts (the 1985 act when disability premium was introduced, and now the 1996 act). .....
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