The Claimant challenges the failure of the Defendant to provide her with suitable accommodation under the duty in section 193(2) of the Housing Act 1996 Judges: Mrs Justice Hill DBE Citations: [2022] EWHC 2008 (Admin) Links: Bailii Statutes: Housing Act 1996 193(2) Jurisdiction: England and Wales Housing Updated: 06 August 2022; Ref: scu.679741
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the controls. There was no evidence of this having been done for payment. … Continue reading Birmingham City Council v Qasim and Others: CA 20 Oct 2009
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr Binnie fell into arrears and Forcelux obtained a default judgment against … Continue reading Forcelux Ltd v Binnie: CA 21 Oct 2009
The defendant appealed against the issuing of an anti-social behaviour order for ‘housing-related conduct’ where the conduct alleged had no connection with council tenants or property. Held: The appeal failed. ‘Housing-related’ meant ‘directly or indirectly relating to or affecting the housing management functions of a relevant landlord’. The defendant was a former council tenant, his … Continue reading Swindon Borough Council v Redpath: CA 11 Sep 2009
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017
The Court considered the duties imposed on housing authorities under Part VII of the 1996 Act. Held: Article 6.1 did apply, but in any event the procedure applied under the Act conformed to its requirements. Judges: Guido Raimondi, P Citations: 40378/10 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2015] ECHR 924, [2015] HLR … Continue reading Fazia Ali v The United Kingdom: ECHR 20 Oct 2015
The claimant sought housing under the homelessness provisions. She had refused a final offer accommodation n the grounds that it brought back memories of her prison cell in Iran, and which would exacerbate the post-traumatic stress disorder, anxiety attacks and other conditions from which she suffered. The Council’s rejection of these grounds were upheld by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: CA 8 Jul 2015
The appellant and his family sought rehousing. The appellant’s wife had a medically-confirmed history of anxiety due to fear of heights. They were offered a flat on the 16th floor. She became distressed on leaving after the inspection and collapsed at the lift, and an ambulance had to be called. Held: The council’s decision that … Continue reading El-Dinnaoui v Westminster City Council: CA 20 Mar 2013
The applicant was heavily pregnant when she was offered a first floor one bedroomed flat. She rejected it. Held: When a housing authority reviewed its decision on the applicant’s decision not to accept the accommodation offered, that review had two stages. Was the accommodation offered suitable, and, secondly, was the applicant’s rejection of the offer … Continue reading Slater v London Borough of Lewisham: CA 12 Apr 2006
The court considered the status in law of ‘demoted tenants’, those who had been secure social housing tenants, but who had only limited security after being found to have behaved anti-socially. The tenant had been refused an opportunity by the county court judge to challenge the conclusions as to fact found by the local authority. … Continue reading Manchester City Council v Pinnock: CA 31 Jul 2009
The court was asked whether the section 193 duty to provide housing was lost after the applicant had refused alternative temporary accommodation. The applicant had been granted temporary accommodation, but her family grew and it became too small. She was offered an alternative but preferred to stay where she was. Held: The Authority’s appeal succeeded. … Continue reading Muse v London Borough of Brent: CA 19 Dec 2008
The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had also suffered an injury preventing him working. Held: The appeal succeeded. The term ‘worker’ … Continue reading Barry v London Borough of Southwark: CA 19 Dec 2008
The two linked claims challenge the lawfulness of a process known as ‘auto-bidding’ operated by the London Borough of Haringey as part of its scheme for allocating housing under Part VI of the Housing Act 1996. Judges: Underhill J Citations: [2012] EWHC 873 (Admin) Links: Bailii Statutes: Housing Act 1996 Part VI Jurisdiction: England and … Continue reading Rouse Tout A Tout, Regina (on The Application of) v London Borough of Haringey: Admn 3 Apr 2012
The applicant, a recovering drug addict sought assistance as a homeless person in priority need. He said that he was subject to a risk of relapse. Held: The council had correctly applied the tests set out in Pereira and Osmani. They had been entitled to consider that he was not vulnerable within the section. Judges: … Continue reading Simms v London Borough of Islington: CA 16 Oct 2008
Judges: Rimer LJ Citations: [2012] EWCA Civ 266 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing, Costs Updated: 18 July 2022; Ref: scu.452132
The court was asked whether the internal review procedure for reconsideration by local housing authorities of a decision to terminate a demoted tenancy established by sections 143E-143F of the Housing Act 1996 and the Demoted Tenancies (Review of Decisions (England) Regulations 2004 violates Article 6 of the Convention on Human Rights. Judges: Waller LJ Citations: … Continue reading Gilboy, Regina (on the Application of) v Liverpool City Council and others: CA 2 Jul 2008
Appeal against sentence for contempt – breach of an order made by the court under sections 153A and 153C of the Housing Act 1996. Citations: [2008] EWCA Civ 632 Links: Bailii Jurisdiction: England and Wales Contempt of Court, Housing Updated: 17 July 2022; Ref: scu.270524
Challenge to authority’s failure to make decision on emergency housing request. Judges: Ouseley J Citations: [2008] EWHC 1149 (Admin) Links: Bailii Statutes: Housing Act 1996 184 Jurisdiction: England and Wales Housing Updated: 15 July 2022; Ref: scu.268719
Judges: Lord Justice Sedley Lord Justice Waller Lord Justice Carnwath Citations: [2004] EWCA Civ 394, (2004) HLR 37 Links: Bailii Statutes: Housing Act 1996 191 Jurisdiction: England and Wales Cited by: Cited – F v Birmingham City Council CA 2-Nov-2006 The applicant sought housing as a homeless person with her children. The authority found her … Continue reading O’Connor and Another v Mayor and Burgesses of the Royal Borough of Kensington and Chelsea: CA 30 Mar 2004
Renewed application for permission to appeal from order dismissing the appellant’s appeal against a decision of the housing officer that certain accommodation offered to her had been suitable and that the authority had thus discharged the respondent’s housing duty under the Housing Act 1996. Citations: [2008] EWCA Civ 523 Links: Bailii Statutes: Housing Act 1996 … Continue reading Lee v Rhondda Cynon Taff County Borough Council: CA 9 Apr 2008
The two applicants had occupied a women’s refuge. They appealed against a refusal to consider them as homeless when they acted in such a way as to be evicted from the refuge, saying that the refuge did not constitute ‘accommodation . . which it would have been reasonable for [them] to continue to occupy’. It … Continue reading Manchester City Council v Moran and Another; Richards v Ipswich Borough Council: CA 17 Apr 2008
The claimant had applied for emergency housing, saying that he had suffered a deep vein thrombosis, and was vulnerable under the 1996 Act. The authority said that its finding that the VT would not put him at additional risk if homeless, was one of fact against which no appeal lay. The authority now appealing said … Continue reading London Borough of Wandsworth v Allison: CA 15 Apr 2008
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards children aged 16 and 17 without support from their families. The 1989 Act referred to … Continue reading M, Regina (on the Application of) v London Borough of Hammersmith and Fulham: HL 27 Feb 2008
Housing allocation policy Judges: Judge Blair QC sitting as a High Court judge Citations: [2015] EWHC 1765 (Admin), [2015] PTSR 1339, [2015] WLR(D) 266 Links: Bailii, WLRD Statutes: Housing Act 1996 166A Jurisdiction: England and Wales Housing, Local Government Updated: 13 July 2022; Ref: scu.549389
The applicant had been refused accomodation as homeless after disclosing the ownership of a family home in Uganda. He had lived and worked in the UK for 15 years. The authority did not accept that it had later been repossessed. The council now appealed against a finding to the contrary, saying that, per Osmani, to … Continue reading Waltham Forest v Maloba, The Law Society: CA 4 Dec 2007
The court considered the duties of a local authority to provide housing where a a court made a shared residence order. Held: The making of an order for shared residence between a mother and father living apart was not itself determinative to give the father a right to be rehoused through the need to care … Continue reading Holmes-Moorhouse v London Borough of Richmond-Upon-Thames: CA 10 Oct 2007
Citations: [2002] EWCA Civ 1098 Links: Bailii Statutes: Housing Act 1996 152 Jurisdiction: England and Wales Local Government Updated: 11 July 2022; Ref: scu.258656
Judges: Clarke MR, Arden LJ, Hooper LJ Citations: [2007] EWCA Civ 787 Links: Bailii Statutes: Housing Act 1996 191 Jurisdiction: England and Wales Citing: Cited – Regina v Thurrock Borough Council ex parte Williams QBD 1981 The burden when determining intentional homelessness is upon the local authority to be satisfied that the applicant became homeless … Continue reading Osei v London Borough of Southwark: CA 25 Jul 2007
Young adult asked to leave family home after unacceptable behaviour – whether intentionally homeless. Citations: [2007] EWCA Civ 623 Links: Bailii Statutes: Housing Act 1996 191 Jurisdiction: England and Wales Housing Updated: 11 July 2022; Ref: scu.254441
The claimant had had her application for housing as a homeless person rejected by the council, and now said that it was unfair that the same officer had also rejected her subsequent application for temporary housing pending her appeal. Held: The Act intended the nomination of officers to make such decisions, and imposed specific rules … Continue reading Abdi, Regina (on the Application of) v London Borough of Lambeth: Admn 26 Jun 2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
Appeal against grant of adjournment of possession action whilst defendant abided by the terms of the order. Judges: Eady J Citations: [2007] EWHC 2702 (QB) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 10 July 2022; Ref: scu.263251
The tenant family appealed against a decision that the authority had no duty to rehouse them after they suffered violence. They had been living for a year in Swansea and on being granted indefinite leave to remain they were now eligible under Part VII of the 1996 Act. They applied to Kensington which referred them … Continue reading Royal Borough of Kensington and Chelsea v Danesh: CA 5 Oct 2006
(Outer House) Lord Glennie pointed out that anyone who is homeless is also vulnerable, and accordingly it follows that section 189(1)(c) must contemplate homeless people who would be more vulnerable than many others in the same position (especially given the words ‘or other special reason’ which show that vulnerability arising from many causes is covered). … Continue reading Morgan v Stirling Council: SCS 10 Oct 2006
The court considered whether a successful appeal against a local authority’s decision on the need for emergency housing should lead to the case being remitted to them for a further review. May LJ defined the question to be: ‘whether there was any real prospect that Tower Hamlets, acting rationally, and with the benefit of further … Continue reading London Borough of Tower Hamlets v Deugi: CA 7 Mar 2006
The applicant had been agreed to be homeless with priority need, and had been provided with an assured shorthold tenancy. Held: The Legislation now allowed broadly three classes of accomodation as suitable: (1) accommodation owned by the local authority; (2) accommodation in the hands of registered social landlords; and (3) private rented accommodation. The tenant … Continue reading Griffiths v St Helens Council: CA 7 Mar 2006
Judges: Mummery, Rix LJJ, Peter Smth J Citations: [2006] EWCA Civ 960 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 07 July 2022; Ref: scu.243028
An interim anti-social behaviour order had been obtained against an 11 and a half year old boy in the county court, and an injunction sought against his mother under the 1996 Act. The defence had questioned whether there had been the required consultation with the police. It was then disputed whether that issue had been … Continue reading Manchester City Council v Muir and Another: CA 20 Mar 2006
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. Judges: Brooke LJ, Arden LJ, Longmore LJ Citations: [2005] EWCA Civ 1005 Links: Bailii Statutes: Housing Act 1996 184(1) Jurisdiction: England and Wales Citing: Cited – Azimi v Newham London Borough Council 2000 … Continue reading Cramp v Hastings Borough Council: CA 29 Jul 2005
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The parties had launched an appeal against the decision of the county court on the applicant’s application for housing for homelessness. In the meantime the authority commenced its own second review of its decision. Held: The failure by the authority to inform the court of of the second review bordered on being an abuse of … Continue reading William v London Borough of Wandsworth; Bellamy v Hounslow London Borough Council: CA 4 May 2006
The claimant challenged the lawfulness of the respondent’s housing policy. Judges: Lloyd-Jones J Citations: [2006] EWHC 302 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing, Local Government Updated: 05 July 2022; Ref: scu.240435
The court considered the entitlement to housing support of nationals of other EEA states receiving Income Support here despite their being still subject to immigration control. Held: Such EEA nationals were eligible for housing benefit. The 2000 regulations were in conflict with guidance given by the Secretary of State. Judges: Buxton, Lloyd, Richards LJJ Citations: … Continue reading London Borough of Barnet v Ismail and Another: CA 6 Apr 2006
Citations: [2006] EWHC 497 (Admin) Links: Bailii Statutes: Housing Act 1996 part VI Jurisdiction: England and Wales Housing Updated: 05 July 2022; Ref: scu.239186
This appeal gives rise to important questions about the obligations of a local authority under the Children Act 1989 to provide accommodation and financial support for a child in need in its area when the mother herself is not entitled to housing for the homeless under the Housing Act 1996 nor to housing benefit nor … Continue reading G, Re Application for Judicial Review: CA 11 Apr 2001
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been … Continue reading Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001
The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children. Held: The Act was inconsistent with her right to family life. The declaration of incompatibility was upheld. The section was an … Continue reading Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council: CA 14 Oct 2005
Citations: [2002] EWCA Civ 1724 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 03 July 2022; Ref: scu.217627
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough. Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy had been adopted after an acute shortage of affordable housing. That policy was not … Continue reading Calgin, Regina (on the Application of) v London Borough of Enfield: Admn 29 Jul 2005
The applicant sought review of a decision by the local authority that he was intentionally homeless through a failure to pay his rent. He appealed a rejection of leave to appeal, and his appeal was with regard to the adequacy of the reasons given by the local authority for its decision. The claimant said he … Continue reading Eston Bernard v London Borough of Enfield: CA 4 Dec 2001
The applicant’s partner had left the matrimonial home, tenanted in joint names with the applicant of the authority, and went to the authority saying she had been beaten. Before the authority would agree to treat her as homeless they required her to terminate the joint tenancy thus leaving the applicant homeless. Held: It was to … Continue reading Hammia, Regina (on the Application of) v London Borough of Wandsworth: Admn 17 May 2005
LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed Citations: [2004] EWLands LRX … Continue reading Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004
Neuberger LJ said: ‘ I turn to the text of the letter of 25 January 2002. It referred to the Council ‘making a reasonable and suitable offer of permanent accommodation’, but it made no reference to the opinion that it was or would be reasonable for the respondent to accept the accommodation On a fair … Continue reading Tower Hamlets v Begum (Rikha): CA 23 Mar 2005
The applicant sought housing as a homeless person. Temporary accommodation was provided, and an offer of permanent accommodation was made but rejected. The council then sought possession of the temporary accommodation. The applicant responded that she had not been given notice as required of the authority’s decision as to the consequences of her refusal. The … Continue reading The Mayor and Burgesses of the London Borough of Tower Hamlets v Rahanara Begum: CA 11 Feb 2005
The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been identified in the decisions, but they had not been given opportunity themselves to make representations about the decisions. Held: … Continue reading Hall v London Borough of Wandsworth: CA 17 Dec 2004
The landlord of premises held under long residential leases at low rents gave notice of its intention to sell the freehold. The tenant objected that separate notices should have been given for the several structures involved. Held: Provided there was sufficient sharing of the joint structures by the separate tenants, the notices would be adequate. … Continue reading Long Acre Securities Ltd v Karet: ChD 3 Mar 2004
Auld LJ set out the test to be applied by an authority when deciding whether the applicant was vulnerable for the purposes of deciding whether to give priority housing assistance. The courts had recognised the difficult, involved nature of the decision-making process, particularly in the context of decisions on vulnerability and priority need. Auld LJ … Continue reading Osmani v London Borough of Camden: CA 16 Dec 2004
Priority need Judges: Lord Justice Peter Gibson Lord Jusice Aldous Lord Justice Jacob Citations: [2004] EWCA Civ 1485 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 27 June 2022; Ref: scu.219663
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 she applied again. Her application was accepted but the previous offer and refusal were said to remain … Continue reading Griffin, Regina (on the Application of) v London Borough of Southwark: Admn 29 Oct 2004
The local authority said that the claimant, having been sentenced to a term of five years imprisonment for drugs offences, had made himself intentionally homeless within the section. While in prison, he was evicted from the flat for non-payment of rent. He had arranged with his sister that the rent should continue to be paid … Continue reading Stewart v London Borough of Lambeth: CA 26 Apr 2002
This appeal raises an issue as to when, if ever, it is permissible for a county court hearing an appeal under section 204 of the Housing Act 1996 on ‘any point of law’ arising from a review decision made by a local housing authority in a homelessness case to receive evidence on and decide a … Continue reading London Borough of Richmond Upon Thames v Kubicek: QBD 23 Nov 2012
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004
Citations: [2005] EWCA Civ 1377 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 21 June 2022; Ref: scu.235437
Judges: Lawrebce Collins J Citations: [2008] EWCA Civ 606 Links: Bailii Statutes: Housing Act 1996 Part 7 Jurisdiction: England and Wales Housing Updated: 17 June 2022; Ref: scu.268760
The applicants had been asylum seekers, and obliged to live in Glasgow. Upon losing their asylum claim, but being given exceptional leave to remain, they sought to be rehoused by the appellants. The appellants had said that the applicants having been rehoused in other areas had lost any connection with the area. The applicants said … Continue reading Al-Ameri v Royal Borough of Kensington and Chelsea; Osmani v London Borough of Harrow (Conjoined Appeals): HL 5 Feb 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 strictly. It asked whether, if he was left homeless he would be less … Continue reading Griffin v Westminster City Council: CA 28 Jan 2004
The appellants had applied for emergency housing as homeless persons, anticipating loss of their secure accomodation after falling into arrears. The Council reject their application, but a County Court quashed that decision. The Court of Appeal re-instated it, and the applicants now appealed again. The applicants had first sought advice from the council and had … Continue reading Din (Taj) v Wandsworth London Borough Council: HL 26 Nov 1981
Judges: Lord Justice Judge Lord Justice Pill Citations: [2003] EWCA Civ 919 Links: Bailii Statutes: Housing Act 1996 167(2) Jurisdiction: England and Wales Local Government, Housing Updated: 07 June 2022; Ref: scu.184225
The applicants sought to assert a local connection, having been housed in the respondent’s areas as destitute asylum seekers. Held: The accomodation was not one of the applicant’s choice, and therefore could not be relied upon to establish a local connection under the Act. The respondent’s decision to refer the applicants back to authorities in … Continue reading Al-Ameri, Osmani v Royal Borough of Kensington and Chelsea/London Borough of Harrow: CA 28 Feb 2003
The claimant was in local authority housing. She was disabled and sought leave to apply for judicial review of the authority’s failure to include her in a priority category for rehousing. Held: In view of the impending Court of Appeal decision in Wahid, her case may be arguable and she should be given leave to … Continue reading Kharazmi v London Borough of Lambeth: Admn 11 Feb 2002
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions on disputed facts, and reviewing its own decisions on those facts. It was not acting … Continue reading London Borough of Tower Hamlets v Runa Begum: CA 6 Mar 2002
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority now appealed. Held: The County Court in reviewing such decisions under the section, … Continue reading London Borough of Newham v Adan: CA 14 Dec 2001
Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under section 193. The authority told Mrs M that they accepted a duty to … Continue reading Mohamed v Hammersmith and Fulham London Borough Council: HL 1 Nov 2001
The applicant sought assistance under the National Assistance Act, in the form of housing. He suffered mental illness and was vulnerable. It was argued that the Act imposed a duty on the authority which was regardless of its budgetary limitations. The Act sought to satisfy a need for care with housing provision. It is a … Continue reading Regina (Wahid) v The London Borough of Tower Hamlets: Admn 23 Aug 2001
A local authority having served a notice on the tenant that the tenancy granted was under the section and therefore introductory, was not obliged to reserve a notice before beginning possession proceedings, even though several months may have passed since the review requested by the tenant under the notice, and the situation had changed. Held: … Continue reading Cardiff City Council v Stone: CA 29 Jan 2002
The applicant and his seventeen year old wife became homeless. They claimed housing assistance on the ground that the wife was a dependant child. Held: The authority succeeded. Though persons aged between 16 and 18 in full time education could, under the rules, be treated as dependent children according to the circumstances, the priority under … Continue reading London Borough of Hackney v Ekinci: CA 24 May 2001
A local authority granted the applicant an introductory tenancy, but then gave notice of its intention to issue possession proceedings in the light of tenancy breaches. The tenant requested a review, and the date was set, but this was later than the date upon which the possession proceedings were to begin. He alleged that the … Continue reading Regina (McDonagh) v Salisbury District Council: QBD 5 Jul 2001
The claimant authority sought leave to appeal refusal of a possession order after the was said to have broken a term of his tenancy by allowing the sale of cannabis in the house. The judge had found a breach of natural justice when the authority had made its file available for inspection only six days … Continue reading Goodger v London Borough of Ealing: CA 17 Jan 2002
Citations: [2006] EWHC 313 (Admin) Links: Bailii Statutes: Housing Act 1996 129 Jurisdiction: England and Wales Housing Updated: 29 May 2022; Ref: scu.238767
Where a claim was made that a housing authority had failed to carry out its duty to provide appropriate accommodation, the claimant should exhaust the statutory review and appeal procedures before applying for judicial review. A delay in finding accommodation might be inevitable where the claimant’s needs were particular. Citations: Times 09-Jun-1999, [1999] EWHC Admin … Continue reading Regina v London Borough of Merton, ex parte Sembi: Admn 25 May 1999
The claimant applied to be housed as a homeless person. The authority sought to refer him to a different authority under s198. As an asylum seeker, he had been given assistance both in Portsmouth and Southampton before coming to Ipswich. He said that he had not gone to Southampton freely, but had been placed there … Continue reading Ozbek v Ispwich Borough Council: CA 4 May 2006
When making decisions about the form of interim housing to be provided under the homelessness provisions, the authority should pay heed to the statutory Code of Practice. Bed and breakfast accommodation was wrong for a family with children. Judges: Collins J Citations: Times 29-Aug-1998, [1998] EWHC Admin 730, 31 HLR 452, (1999) 31 HLR 452 … Continue reading Regina v Mayor and Burgesses of London Borough of Newham (No 3) ex parte Ojuri: Admn 9 Jul 1998
Application for leave to review was denied. The applicant sought to request the authority to review their initial review of their decision on his application for emergency housing. The authority had no such power, and its refusal could not be subject to judicial review. Citations: [1998] EWHC Admin 206 Links: Bailii Statutes: Housing Act 1996 … Continue reading Regina v Ellioua: Admn 19 Feb 1998
UTLC LANDLORD AND TENANT – service charges – whether landlord’s source of funding relevant to leaseholders’ liabilities – whether ‘blanket policy’ against discretionary relief relevant to whether service charge payable – whether replacement windows were repairs or improvements – appeal dismissed – sections 19, 20A and 27A Landlord and Tenant Act 1985 – section 219 … Continue reading Craighead v Homes for Islington Ltd and Another: UTLC 24 Feb 2010
The tenant challenged by way of judicial review the council’s policy which allowed them to defer receipt for five years of any application for housing from someone who had been evicted from one of their properties for a reason other than debt. Held: The Act gave a wide discretion to local authorities as to how … Continue reading Regina (Giles) v Fareham Borough Council: QBD 13 Dec 2002
The claimant had sought to be housed by the respondent for seven years. She had been temporarily rehoused, but because the council implemented a policy of rehousing according to current need, she lost her priority. Held: The policy was lawful. The council faced overwhelming demand, and the selection between schemes was a political one. The … Continue reading Ibrahim v Redbridge London Borough Council: QBD 17 Dec 2002
The appellant sought to appeal a review of his application for housing. The appeal was lodged at court after close of business on the last day of the statutory time limit. The court decided it was delivered out of time. Held: The Act required the appeal to be delivered. That denoted a unilateral act, not … Continue reading Van Aken v Camden London Borough Council: CA 11 Oct 2002
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 fairness between homeless persons in circumstances where they have decided that no duty is owed to the applicant, … Continue reading Regina v Camden London Borough Council, Ex Parte Mohammed: Admn 23 May 1997
Judges: Mrs Justice Proudman Citations: [2014] EWCA Civ 227 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 25 May 2022; Ref: scu.522278
The homeless applicant family were housed in two hostels approximately a mile apart. Held: A housing authority’s duty to provide interim accommodation pending homelessness decision extended to the provision of suitable accommodation. There was no justification for any other reading of the section. Housing which split up a family was not suitable.Scott Baker J said: … Continue reading Regina v Ealing London Borough Council Ex Parte Nicola Surdonja: Admn 20 Oct 1998
A local authority decide to provide temporary accommodation for homeless applicants outside its area in assorted seaside towns, pending a final decision on their cases. This general policy was unlawful, since the authority had failed to consider properly the individual circumstances of the individuals involved. Many were on benefits, and had for example children being … Continue reading Regina v Sacupima and Others, Ex Parte Newham London Borough Council: QBD 26 Nov 1999
The grant of temporary admission to the UK pending an decision on his asylum status, did not create a full ‘lawful presence’ in the UK. A person seeking to qualify for housing assistance had to be lawfully present within the UK, and temporary admission did not create a sufficient status by virtue of section 11. … Continue reading Murat Kaya v Haringey London Borough Council and Another: CA 14 Jun 2001
When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the material date was the date of the review. Where an … Continue reading Ealing London Borough Council v Surdonja etc: CA 21 Jan 2000
Citations: (1988) 20 HLR 205 Cited by: Cited – Haile v London Borough of Waltham Forest SC 20-May-2015 ‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied … Continue reading Regina v Hillingdon London Borough Council, Ex parte Tinn: 1988
The housing applicant had given up the tenancy of a house in Basingstoke when she and her husband decided to emigrate to Canada. They moved to Canada, but their application to stay permanently was refused, and they had to return to England, where they lived in temporary accommodation in Bramley. The marriage then broke down … Continue reading Regina v Basingstoke and Deane Borough Council, Ex parte Bassett: 1983
The claimant complained that the defendant authority had failed to provide her and her family with suitable accommodation pursuant to its duty under section 193. Breach of duty was conceded. The relief sought by the claimant included damages for breach of Article 8. Held: ‘Absent special circumstances which interfere with private or family life, a … Continue reading Morris v London Borough of Newham: Admn 2002
The applicants were members of six homeless families who had occupied accommodation in Northern Ireland. The council concluded that members of each household except one had been guilty of criminal and anti-social behaviour, as a result of which the IRA had threatened that they would all be killed unless they left Northern Ireland within 72 … Continue reading Regina v London Borough of Hammersmith, ex parte P: QBD 1989
Ms A had left settled accommodation in Nigeria to come to the United Kingdom, where she lived in overcrowded short-term accommodation. She was given notice to leave after she became pregnant. She challenged the authority’s decision that she had become homeless intentionally as a result of having left the accommodation in Nigeria, and argued that … Continue reading Regina v Hackney London Borough Council, Ex parte Ajayi: 1997
No homelessness priority could be established by means of having a child applying for housing, rather than his or her parent. An application by a person suffering mental disability who would also be dependent upon others was also rejected. In each case the true application was by the parent or carer. The Act is concerned … Continue reading Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become intentionally homeless. The authority refused to extend her time to request a review. She now … Continue reading C v London Borough of Lewisham: CA 4 Jul 2003
