Hotak v London Borough of Southwark: CA 15 May 2013

The court was asked whether, when assessing an applicant’s ‘priority need for accommodation’ under section 189(1)(c) Housing Act 1996 (that is, whether the applicant is ‘vulnerable’ by reason of old age, mental illness or handicap or physical disability or other special reason), the housing authority is entitled to have regard to the personal support and assistance which has been and will continue to be provided to the applicant, if made street homeless, by a family member with whom the applicant is currently living.
Moore-Bick, Richards, Pitchford LJJ
[2013] EWCA Civ 515, [2013] WLR(D) 180, [2013] PTSR 1338
Bailii, WLRD
Housing Act 1996189(1)
England and Wales
CitedRegina v London Borough of Camden ex parte Pereira CA 20-May-1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of . .

Cited by:
Appeal fromHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509254