The applicant complained that the respondent’s housing allocation policies were unlawful, giving priority to those who were homeless or in temporary accommodation over those it had been found to be in overcrowded conditions.
Held: The policy was unlawful. Chronic overcrowding was equivalent to homelessness, and having made once the finding, it became under an immediate obligation to provided temporary accomodation. It was a breach of the authority’s duty for it to require families to remain in unsuitable accommodation even for a short time.
Judges:
Collins J
Citations:
Times 21-Feb-2007, [2007] EWHC 52 (Admin), [2007] 1 FLR 2066, [2007] HLR 27, [2007] Fam Law 493
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Birmingham City Council v Aweys and others CA 7-Feb-2008
If accommodation is not reasonable for a person to occupy, it is not suitable for him. Arden LJ said: ‘homelessness is a large social problem directly and substantially affecting the lives of many people in the UK, and those who depend on them, . .
Cited – Birmingham City Council v Ali and Others; Moran v Manchester City Council HL 1-Jul-2009
Homelessness Status Requires LA Action
The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for . .
Cited – Samuels v Birmingham City Council SC 12-Jun-2019
The appellant had been provided with emergency accommodation after losing her assured shorthold tenancy, but the court was now asked ‘whether the council adopted the correct approach in determining that the accommodation was ‘affordable’ for those . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 28 March 2022; Ref: scu.248246
