Elrify v City of Westminster Council: CA 23 Mar 2007

The court considered what was to happen when a person in overcrowded accommodation sought rehousing: ‘Part 10 of the 1985 Act concerns overcrowding. Its pivotal provision is section 327 which provides that, subject to some exceptions, the occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence. It is perhaps a little surprising to find ministerial guidance to the effect that it may be reasonable to occupy accommodation when by reason of overcrowding the occupier commits an offence. But that is how it appears the ministerial guidance is.’

Judges:

May LJ

Citations:

[2007] EWCA Civ 332

Links:

Bailii

Statutes:

Housing Act 1985

Jurisdiction:

England and Wales

Cited by:

CitedHarouki v Royal Borough of Kensington and Chelsea CA 17-Oct-2007
The applicant sought housing as a homeles person. Her present accommodation for herself, her husband and five children was so overcrowded that continued occupation was a criminal offence. She appealed a finding that it was reasonable to continue . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 23 October 2022; Ref: scu.251442