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England and Wales decisions
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The Court of Appeal held that a secure tenant who obtained housing by misrepresentation was intentionally homeless when possession followed the fraud-induced tenancy.
Upper Tribunal dismissed an appeal over adverse possession, holding that the First-tier Tribunal’s factual finding on permission was not clearly wrong.
The respondent failed to recognise that the appellant's paraplegia and wheelchair use constituted an intervening event breaking the chain of causation between his intentional act and current homelessness. The respondent did not sufficiently investigate whether adaptations to the property were possible, certain, and enforceable, and thus could not conclude the accommodation was suitable. Ground 2 of the appeal is made out; the decision is quashed and remitted for reconsideration.
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The First-tier Tribunal struck out an appeal against pension penalty notices, holding it lacked jurisdiction because no timely review had been requested under the Pensions Act 2008.
The Tribunal does not have jurisdiction because no review of the fixed penalty notice was requested within the prescribed 28-day period and the Regulator declined to conduct a review; therefore, the conditions for reference to the Tribunal under section 44 of the Pensions Act 2008 are not met.
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The Court of Appeal held that Camden’s review letter did not unequivocally confirm possession proceedings, so the council could not rely on the original section 128 notice.
F & C Asset Management Plc & Ors v Switalski [2008] EWCA Civ 1224 (20 October 2008)
The Court of Appeal adjourned an employer’s application to admit fresh evidence in an employment discrimination appeal, preferring the evidence be considered first by the tribunal and EAT.
Forbes v London Borough of Lambeth [2003] EWHC 222 (Admin) (18 February 2003)
The High Court held that Lambeth’s review letter reversed its original possession decision, so a fresh notice was required before proceedings could continue.
McDonagh v Salisbury District Council [2001] EWHC Admin 567 (5 July 2001)
Judicial review of an introductory tenancy possession review. The court held the first review invalid, the second valid, and rejected an Article 6 challenge.
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