England and Wales Case Law

Arthur Phillips & Anor v Tess Garraway

A tenancy under which the only rent consists of the provision of services to which no monetary value is attributed is a tenancy under which no rent is payable within the meaning of the Housing Act 1988, and is therefore excluded from being an assured tenancy. The established meaning of 'rent' from the Rent Acts applies, requiring monetary payment or an agreed monetary value for goods/services.

Source excerpt

• Definition of rent under housing act 1988
• Assured tenancy requirements
• Statutory interpretation
• Rent in kind or services
• Eviction and possession proceedings

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AA, R (on the application of) v London Borough of Waltham Forest

The Court of Appeal held that steps about allocating social housing under Part 6 of the Housing Act 1996 cannot be included in a Part 7 personal housing plan.

• Homelessness
• Personal housing plans
• Statutory interpretation
• Judicial review
• Housing-law
• Personal-housing-plan

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AA, R (On the Application Of) v London Borough of Waltham Forest

AA, R (On the Application Of) v London Borough of Waltham Forest [2026] EWCA Civ 626 (19 May 2026)

The Court of Appeal held that social housing allocation steps under Part 6 of the Housing Act 1996 cannot be included in a Part 7 personal housing plan.

• Homelessness
• Personal housing plans
• Statutory interpretation
• Local authority duties
• Social housing allocation
• Personal-housing-plan

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LLJ, R (on the application of) v The London Borough of Hackney

Judicial review of Hackney’s housing allocation appeal decision. The High Court found the decision unlawful for applying the wrong test, missing key evidence, and reasoning irrationally.

• Judicial review of local authority decision
• Social housing allocation
• Disability and housing
• Duty of candour
• Procedural fairness
• Judicial-review

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LLJ, R (On the Application Of) v The London Borough of Hackney

LLJ, R (On the Application Of) v The London Borough of Hackney [2026] EWHC 1145 (Admin) (14 May 2026)

Judicial review of a housing allocation appeal succeeded: the High Court found the council’s Band B decision unlawful for legal and evidential errors and granted a declaration.

• Judicial review of local authority housing allocation
• Banding under housing allocation schemes
• Duties of candour and cooperation in judicial review
• Assessment of evidence in public law decisions
• Remedies for unlawful administrative decisions
• Judicial-review

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Marigolds Management Limited v Karen Barnes & Ors

The Upper Tribunal held that Marigolds was not the owner for 1983 Act purposes when the 2023 notices were served, but allowed the second appeal on the CPI starting point.

• Pitch fee review
• Mobile homes act 1983
• Validity of notices
• Consumer prices index (cpi)
• Site licence and ownership
• Tribunal procedure

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Mohammed Abid Zaman v Leeds City Council

The Upper Tribunal held that flats in a building that is an HMO under s.254(4) can still be separate Part 3 houses, so selective licensing penalties were upheld.

• House in multiple occupation
• Selective licensing
• Financial penalties
• Housing act 2004
• Housing-act-2004
• Selective-licensing

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Dr Noshaba Khiljee v London Borough of Waltham Forest

The Upper Tribunal allowed Dr Khiljee’s appeal, holding that rack-rent under the Housing Act 2004 is assessed by reference to the actual HMO use, not a hypothetical lawful single-let use.

• House in multiple occupation
• Civil penalty
• Rack-rent
• Person having control
• Housing act 2004
• Housing-act-2004

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Hakan Tuyunuklu v Mohammed Akmal

The Upper Tribunal dismissed a tenant’s appeal over a rent repayment order claim, holding the FTT made no error and that the hearing ended because of the appellant’s conduct.

• Rent repayment order
• Universal credit
• Tenant conduct
• Appeal procedure
• Rent-repayment-order
• Universal-credit

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Housing 35 Plus Limited v Nottingham City Council

The rules of Housing 35 Plus Limited do not require that all management decisions are made by members in general meeting; the management committee is empowered to make such decisions. Therefore, the statutory exemption under schedule 14, paragraph 2B(2)(b) of the Housing Act 2004 does not apply, and the properties require licensing as HMOs.

Source excerpt

• Licensing of hmos
• Co-operative societies
• Statutory exemptions
• Management decisions

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