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 living there notwithstanding the continuing commission of the offence.
Held: The appeal failed. The statutory guidance correctly expressed the law, and however surprising it might be, the ‘guidance explicitly contemplates that statutory overcrowding may not by itself be sufficient to determine reasonableness. ‘ The officer had been free to take account of the borough’s overall overcrowding, and had not acted illegally or irrationally.
Judges:
Ward LJ, Thomas LJ, Richards LJ
Citations:
[2007] EWCA Civ 1000
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Westminster City Council, ex parte Ali 1983
McCullough J considered whether it was reasonable to expect the applicant to continue to live in overcrowded accomodation: ‘That anyone should regard as reasonable that a family of that size should live in one room 10 ft x 12 ft in size, or . .
Cited – Regina v Brent London Borough Council Ex Parte Awua HL 6-Jul-1995
The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided . .
Cited – 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 . .
Cited – Regina v London Borough of Camden ex parte Jibril Admn 21-Jan-1997
The court considered what background could be allowed for when, in a homelessness application, the applicant said that it would be unreasonable to expect him to continue to occupy his present dwelling.
Held: ‘in judging what is suitable, the . .
Cited – Griffin, Regina (on the Application of) v London Borough of Southwark Admn 29-Oct-2004
The applicant had sought emergency housing with her husband, but refused accomodation on a particuar estate for her safety. She had then been evicted form the temporary housing supplied on the application. After a series of temporary arrangements . .
Cited – Griffin v Westminster City Council CA 28-Jan-2004
The claimant sought emergency rehousing saying that he was a vulnerable person within section 189. The court at first instance had overturned the rejection of his claim by the authority.
Held: The test set out in the statute was to be followed . .
Cited – Begum (Nipa) v Tower Hamlets London Borough Council CA 1-Nov-1999
The fact that the accommodation found to be available to the applicant for housing was in Bangladesh did not make it unavailable in law. The subsections must be read separately. Accommodation could be available to the applicant even though she could . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 12 July 2022; Ref: scu.259901