The defendant had been allowed into the property under the homelessness legislation. The authority now sought possession. They said he had a licence only, but he claimed to have a secure tenancy. Held: The authority had made a mistake, and the defedant was a secure tenant. The letter offering him the property, and his receipt … Continue reading Eastleigh Borough Council v Walsh: HL 28 Mar 1985
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
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
Mr Betts applied to Eastleigh for accommodation under the 1977 Act. They said that he had no local connection and referred his application to Blaby where the applicant and his family had formerly been living. Blaby accepted the referral and offered accommodation, but he refused it and made a further application to Eastleigh. In relation … Continue reading Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: HL 27 Jul 1983
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: Ackner LJ Citations: Unreported, 23-Jun-1981 Statutes: Housing (Homeless Persons) Act 1977 Jurisdiction: England and Wales Cited by: Appeal from – Din (Taj) v Wandsworth London Borough Council HL 26-Nov-1981 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, … Continue reading Din v Wandsworth London Borough Council: CA 23 Jun 1981
The applicant sought judicial review of a decision that he was not homeless under section 1 of the Act. For 15 months he had been using a night shelter in Lowestoft. It was an unheated dormitory in a derelict building. It was empty and closed between 8:00am and 8:00pm each day. If on any evening … Continue reading Regina v Waveney District Council ex parte Bowers: 25 May 1982
The applicant, in flight from domestic violence, had gone with her two young children, to stay in a women’s refuge. The local authority argued that she was not homeless because she had accommodation available to her in the refuge. Held: The application for judicial review succeeded. The court approved the conclusion of a county court … Continue reading Regina v London Borough of Ealing Ex parte Sidhu: 2 Jan 1982
The plaintiffs had fallen behind with their rent, which resulted ultimately in an order for possession. The council found that the plaintiffs were threatened with homelessness intentionally. Held: In relation to the argument that a person is not intentionally homeless unless he intended to become homeless or at any rate appreciated that homelessness would result … Continue reading Robinson v Torbay Borough Council: QBD 1982
The applicant and her child had been accepted to be in emergency housing need, and had been given temporary bedsit accomodation in a facility they owned and managed. She had a sink, cooker and fridge, and shared bathroom and toilet facilities and a communal sitting room. She had a licence only, and no tenancy. She … Continue reading Regina v East Hertfordshire District Council, Ex parte Hunt: 1985
A woman had been dismissed from employment for deliberate misconduct and had lost her tied accommodation. The council concluded that she had become intentionally homeless because she must have known that the consequence of her misconduct could be dismissal and the inevitable loss of her tied accommodation. Held: The council’s approach was correct. What is … Continue reading Regina v Thanet District Council, ex parte Reeve: QBD 1981
The applicant was an alcoholic and had in 1980 been hit by a motor vehicle and suffered a severe head injury. He sought judicial review of the respondent’s failure to house him. Held: The appeal was allowed: ‘The question we have to consider is whether or not the applicant is vulnerable and secondly whether the … Continue reading Regina v Waveney City Council, ex parte Bowers: CA 25 May 1982
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. Held: Where the action impugned the authority’s performance of its statutory duties as a … Continue reading Cocks v Thanet District Council: HL 25 Nov 1981
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
Homelessness Status Requires LA Action The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for him to continue to occupy’? In the Birmingham cases large families had been … Continue reading Birmingham City Council v Ali and Others; Moran v Manchester City Council: HL 1 Jul 2009
The pursuer sought a declaration that he was a homeless person and therefore entitled to assistance. Held: Lord Fraser of Tullybelton said that it was for consideration whether there might not be advantages in developing special procedure in Scotland for dealing with questions in the public law area, comparable to the English prerogative orders. Lord … Continue reading Brown v Hamilton District Council: HL 25 Nov 1982
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. . .
References: Times 25-May-1982 Coram: Stephen Brown J Ratio:The applicant sought judicial review of a decision that he was not homeless under section 1 of the Act. For 15 months he had been using a night shelter in Lowestoft. It was an unheated dormitory in a derelict building. It was empty and closed between 8:00am and … Continue reading Regina v Waveney District Council ex parte Bowers; 25 May 1982
References: (1982) 2 HLR 48 Coram: Hodgson J The applicant, in flight from domestic violence, had gone with her two young children, to stay in a women’s refuge. The local authority argued that she was not homeless because she had accommodation available to her in the refuge. Held: The application for judicial review succeeded. The … Continue reading Regina v London Borough of Ealing Ex parte Sidhu; 2 Jan 1982
