CN, Regina (on The Application of) v London Borough of Lewisham: CA 11 Jul 2013

The claimants had applied for housing as homeless. They were given accommodation pending the authority’s final decisions. Those decisions were thet the claimants were homeless intentionally. The authoity’s set out to recover possession. The claimants said that under the 1977 Act, the authority was obliged first to obtain a court order.
Held: The request for judicial review failed. The authority was not obliged first to take court proceedings before evicting the claimant. The appellants’ accommodation by virtue of a licence granted under its interim duty under sections 188(1) or 190(2)(a) of the Act 1996 Act.

Moses, Kitchin, Floyd LJJ
[2013] EWCA Civ 804, [2013] WLR(D) 297, [2013] HLR 46, [2013] 30 EG 79
Bailii, WLRD
Protection from Eviction Act 1977 3(2B), Housing Act 1988, Housing Act 1996, Human Rights Act 1998
England and Wales
Cited by:
Appeal fromZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 15 November 2021; Ref: scu.512313