Lawer, Regina (on the Application of) v Restormel Borough Council: Admn 12 Oct 2007

The applicant was joint tenant of a council property. She suffered domestic violence, and said she was advised by the local authority to surrender her tenancy on the basis that they would rehouse her. She did so. The authority refused to provide a new tenancy, but would not rescind the surrender, and denied giving the advice. She sought judicial review of their refusal, and the authority appealed grant of an interim injunction.
Held: The evidence suggested that the council had given proper consideration of the issues raised by the claimant as required in Mohammed. The injunction granted without notice was granted wrongly.
Munby J
[2007] EWHC 2299 (Admin)
Bailii
Housing Act 2002 202(4)
England and Wales
Citing:
CitedRegina v Camden London Borough Council, Ex Parte Mohammed Admn 23-May-1997
A local authority’s policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining . .
CitedRegina v Brighton and Hove Council ex parte Nacion (2) CA 1-Feb-1999
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment.
Held: The section gave . .
CitedRegina v London Borough of Newham ex parte Lumley Admn 28-Jan-2000
. .
CitedRegina v Kensington and Chelsea Royal London Borough Council Ex parte Hammell CA 1989
Parker LJ said of the plaintiff’s application for a review of the decision on her homelessness application: ‘She is entitled to protection with regard to her public law right to have the necessary inquiries made and the decision properly made . . . .
CitedMoat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely.
Updated: 16 May 2021; Ref: scu.260008