The appellant had been provided with emergency accommodation after losing her assured shorthold tenancy, but the court was now asked ‘whether the council adopted the correct approach in determining that the accommodation was ‘affordable’ for those purposes.’
Held: Her appeal was granted. The 1996 Order requires the authority to take into account all sources of income, including all social security benefits. There is nothing in it to require or justify the exclusion of non-housing benefits of any kind. It also requires consideration of the applicant’s ‘reasonable living expenses’, which necessitates an objective assessment, not simply the subjective view of the case officer. It was hard to see on what basis the finding of intentional homelessness could be properly upheld.
Judges:
Lady Hale, President, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lord Kitchin
Citations:
[2019] UKSC 28, [2019] 4 All ER 773, [2019] PTSR 1229, [2019] HLR 32, [2019] WLR(D) 355, UKSC 2017/0172
Links:
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC 2019 Jan 31 am Video, SC 2019 Jan 31 pm Video
Statutes:
Homelessness (Suitability of Accommodation) Order 1996 2, Housing Act 1996 182(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – Samuels v Birmingham City Council CA 27-Oct-2015
. .
Cited – Humphreys v Revenue and Customs SC 16-May-2012
Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother.
Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the . .
Cited – Burnip v Birmingham City Council and Another CA 15-May-2012
Disability is a prohibited ground for discrimination
Henderson J said: ‘ . . it is necessary to draw a clear distinction between the benefits which Mr Burnip was entitled to claim for his subsistence, and those which he was entitled to claim in . .
Cited – Mathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .
Cited – Nzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
Cited – Aweys and Others, Regina (on the Application Of) v Birmingham City Council Admn 26-Jan-2007
The applicant complained that the respondent’s housing allocation policies were unlawful, giving priority to those who were homeless or in temporary accommodation over those it had been found to be in overcrowded conditions.
Held: The policy . .
Cited – PO and Others, Regina (on The Application of) v Council of The London Borough of Newham Admn 28-Jul-2014
Claim for judicial review brought by three children, who are Nigerian nationals, about the level of financial assistance that the Defendant, the Council of the London Borough of Newham, provided under section 17 of the Children Act 1989 to meet the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 28 March 2022; Ref: scu.638234
