Times 4 MarchHousing Act 1985 s21 imposes a duty on local authorities for the general management, regulation and control of their housing. Housing Act 1985 s105 contains the mandatory requirements of the Tenants’ Charter for consultation with council tenants on matters of housing management.
For the following cases on ss21 and 105, see Housing Law Casebook (HLC) 4th edition:
Akumah v Hackney LBC [2005] UKHL 17; [2005] 1 WLR 985; [2005] 2 All ER 148; [2005] HLR 26; (2005) Times 4 March (HLC 4th edition, E4.1)
General management duty encompassed duty to control parking on housing estates
R v Brent LBC ex p Morris (1998) 30 HLR 324; (1997) 74 P&CR D29, CA (HLC 4th edition, E4.2)
Requirement to consult did not require notification of proposals to each tenant
R v Secretary of State for the Environment ex p Walters (1998) 30 HLR 328, CA (HLC 4th edition, E4.3)
Inadequate consultation of tenants; Secretary of state’s consent wrong in law; refusal of relief
Short v Tower Hamlets LBC (1986) 18 HLR 171, CA (HLC 4th edition, E4.4)
A decision ‘in principle’ did not require consultation
R v Gateshead MBC ex p Smith (Duncan) (1999) 31 HLR 97, QBD (HLC 4th edition, E4.5)
Lawful decision despite ‘somewhat false picture’ of consultation results presented
R (Beale and Carty) v Camden LBC [2004] EWHC 6 (Admin); [2004] LGR 291; [2004] HLR 48 (HLC 4th edition, E4.6)
Section 105 duty is to inform; no requirement to set out arguments against proposals
See too R (Bath) v North Somerset Council [2008] EWHC 630 (Admin), 4 April 2008; [2009] HLR 1 (a case involving a large-scale voluntary transfer to a registered social landlord).