The claimants were to be awarded damages, having been fraudulently induced to purchase shares. The defendant claimed that the increase in the value of the shares which had subsequently occurred should be taken to reduce the damages awarded because . .
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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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 . .
The court was asked as to the circumstances in which, for the purposes of sections 198(2) and 199 of the Housing Act 1996 (as amended by the Homelessness Act 2002) (‘the 1996 Act’), an applicant for housing assistance has a local connection with the . .
The court was asked whether the appellant has a priority need for homelessness accommodation on the basis that he is vulnerable within the meaning of section 189(1)(c) of the Housing Act 1996. . .
Challenge to a review decision by the London borough of Hackney that he had become homeless intentionally and was not therefore owed more than the limited housing duty prescribed by s.190 (2) of the Housing Act 1996. . .
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 . .
The appellants refused the authority’s offer of accommodation under Part VI of the 1996 Act, saying it was not suitable. After the authority had informed them that if they did not accept the offer, the authority’s duty to house them would cease, requested a review under section 202(1)(b) of the authority’s decision that its duty … Continue reading Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999
Challenge o refusal to provide temporary housing Judges: James Strachan QC (sitting as a Deputy Judge of the High Court) Citations: [2020] EWHC 1478 (Admin) Links: Bailii Statutes: Housing Act 1996 188(1) Jurisdiction: England and Wales Housing Updated: 09 December 2022; Ref: scu.651884
One of the issues presented by the present case is that of determining whether Birmingham City Council, ‘the Council’, was exercising a public function when deciding to terminate what it described as its arrangements with First Real Estates (UK) Limited, ‘FRE’, for the provision of temporary accommodation for those whom the Council was obliged to … Continue reading First Real Estates (UK) Ltd v Birmingham City Council: Admn 1 May 2009
‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which … Continue reading Phillps and Others v Francis and Another: QBD 24 Mar 2010
Citations: [2007] EWHC 2554 (Admin) Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 06 December 2022; Ref: scu.260295
Citations: [1999] EWCA Civ 1222 Statutes: Housing Act 1996 204(1) Jurisdiction: England and Wales Housing Updated: 06 December 2022; Ref: scu.146137
Judges: Mr Justice Hughes Citations: [2006] EWHC 329 (Admin) Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 05 December 2022; Ref: scu.238770
Each of the three applicamts having been found to have lied in order to obtain British Nationality, now appealed against a decision that they were not in fact Britsh citizens. Judges: Kitchin, Floyd, Sales LJJ Citations: [2015] EWCA Civ 1195, [2015] WLR(D) 482, [2016] 1 WLR 673 Links: Bailii, WLRD Statutes: Immigration Act 1971 1(2) … Continue reading Hysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department: CA 26 Nov 2015
The tenant sought accomodation. The council offered him some but he refused it. The council wrote to explain the effect of a refusal. He now complained that since he could not speak English, the Council had not correctly informed him of the consequences. Held: The section distinguished between the acts of informing and of notification. … Continue reading Ali v Birmingham City Council: CA 14 Oct 2009
Applications for accommodation under homelessness provisions Judges: Mrs Justice Steyn Citations: [2021] EWHC 1024 (Admin) Links: Bailii Statutes: Housing Act 1996 193(2) Jurisdiction: England and Wales Housing Updated: 01 December 2022; Ref: scu.662320
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant asserted bias on the part of the head of the housing needs and resources of … Continue reading Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster: CA 18 Oct 2004
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 the authority a wide discretion which should be respected. The authority had acted lawfully. Citations: … Continue reading Regina v Brighton and Hove Council ex parte Nacion (2): CA 1 Feb 1999
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to … Continue reading Manchester City Council v Cochrane and Cochrane: CA 21 Dec 1998
The issue in this judicial review is whether Islington London Borough Council were entitled to ignore the claimant’s adult children, who are subject to immigration control, when considering the allocation of accommodation under Part VI of the Housing Act 1996. In particular, the question arises as to whether Islington Council may conclude that the claimant’s … Continue reading Ariemuguvbe, Regina (on the Application of) v London Borough of Islington: Admn 24 Feb 2009
When a council is considering whether an applicant for housing is a homeless person, the applicant’s appreciation of the prospects of future housing can be treated as ‘awareness of a relevant fact’ for the purposes of the sub-section, provided that it is sufficiently specific and provided that it is based on some genuine investigation and … Continue reading Aw-Aden v Birmingham City Council: CA 7 Dec 2005
Citations: [2008] EWCA Civ 140, [2008] BLGR 628, [2008] ACD 193 Links: Bailii Statutes: Housing Act 1996 167 Jurisdiction: England and Wales Cited by: Appeal from – Ahmad, Regina (on the Application of) v London Borough of Newham HL 4-Mar-2009 The claimant wished to be rehoused by the defendant authority. He complained that their allocations … Continue reading Ahmad, Regina (on the Application Of) v London Borough of Newham: CA 29 Feb 2008
The claimants succeeded in their applications for asylum, and then applied for housing assistance. They now appealed refusal of such assistance. The issue was how the authority had treated their medical evidence in the review process. Mrs Shala was receiving treatment for depression. Held: The appeal succeeded. Housing authorities should be careful not to hide … Continue reading Shala and Another v Birmingham City Council: CA 27 Jun 2007
The applicant lived in a caravan. It disappeared without trace, and he claimed emergency housing under the section. Was housing required as a result of an emergency flood fire or disaster? Held: There was in fact no explanation available for the loss, and it was not proper to require the applicant to provide one. Nevertheless, … Continue reading Higgs v Brighton and Hove City Council: CA 30 Jun 2003
The claimant said the authority had not discharged its duty to him in considering his application for housing. It had written to him saying ‘this is your one and final offer’, and that the council was satisfied that the accommodation was suitable for the needs of Mr Omar and his family and that it would … Continue reading Omar v Birmingham City Council: CA 7 Jun 2007
Appeal against dismissal of challenge to finding that intentionally homeless. Judges: Lightman J Citations: [2007] EWCA Civ 604 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 23 November 2022; Ref: scu.253705
The applicant sought housing as a homeless person with her children. The authority found her in priority need, but intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had moved into premises which she found she could not afford and lost. She said … Continue reading F v Birmingham City Council: CA 2 Nov 2006
Citations: [2003] EWCA Civ 779, [2003] HLR 65 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Planning Updated: 23 November 2022; Ref: scu.183383
Whether the County Court has jurisdiction to grant an interlocutory injunction requiring a local authority to provide accommodation for a person who is proceeding with an appeal under s 204 of the Housing Act 1996 against a review decision made under s 202 of the Act. Citations: [1998] EWCA Civ 1288, [1999] 1 WLR 384 … Continue reading Ali v Lord Mayor and Citizens of City of Westminster: CA 24 Jul 1998
If accommodation is not reasonable for a person to occupy, it is not suitable for him. Arden LJ said: ‘homelessness is a large social problem directly and substantially affecting the lives of many people in the UK, and those who depend on them, including young children. The causes are no doubt manifold: they include not … Continue reading Birmingham City Council v Aweys and others: CA 7 Feb 2008
The applicant sought to be rehoused. On review it was decided that she was intentionally homeless. She asked the authority to review that decision (a re-review). The authority said it had no power so to do. She had a right to appeal on a point of law only. Held: The relief claimed was based entirely … Continue reading Regina v Lord Mayor and Citizens of City of Westminster ex parte Ellioua: CA 2 Jul 1998
Judges: Dame Elizabeth Butler Sloss P Citations: [2001] EWCA Civ 905, [2002] HLR 54 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 19 November 2022; Ref: scu.200991
Judges: Lewis J Citations: [2017] EWHC 33 (QB) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 19 November 2022; Ref: scu.573384
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 Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998
Judges: The Hon. Mrs Justice Tipples Citations: [2020] EWHC 735 (QB) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 17 November 2022; Ref: scu.649910
The appellant challenged the decision that accomodation offered to her being temporary was lawful and fair. Judges: Kitchin, lloyd Jones, McCombe LJJ Citations: [2013] EWCA Civ 325 Links: Bailii Statutes: Housing Act 1996 202 204 Jurisdiction: England and Wales Housing Updated: 17 November 2022; Ref: scu.472572
Citations: [2004] EWCA Civ 1769 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 14 November 2022; Ref: scu.220654
A homeless gypsy caravan dweller applied for housing. The authority offered temporary bed and breakfast accomodation. She complained that she had an aversion to living in bricks and mortar. Held: The authority had discharged its function. The duty of the authority was to secure the availability of suitable accommodation within a reasonable period of time, … Continue reading Codona v Mid-Bedfordshire District Council: CA 15 Jul 2004
Judges: Arden LJ Citations: [2007] EWCA Civ 843, [2008] HLR 6 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Cited by: Cited – Ravichandran and Another v London Borough of Lewisham CA 2-Jul-2010 The claimant appealed against an order confirming a review of the decision that the local authority owed no futher … Continue reading Ahmed v Leicester City Council: CA 27 Jun 2007
The court was asked whether an EU migrant worker was entitled to the protection of the homelessness provisions of the 1996 Act: ‘he is if he is a migrant worker from another EU country, exercising his EU rights as an Austrian citizen to work in another country. Otherwise he is not.’ Held: His appeal from … Continue reading Samin v City of Westminster: CA 21 Nov 2012
The Authority had established a scheme under section 167 for the allocation of its housing accomodation. Judges: Hughes J Citations: [2006] EWHC 1041 (Admin) Links: Bailii Statutes: Housing Act 1996 167 Jurisdiction: England and Wales Cited by: Appeal from – Lin, (Regina on the Application of) v London Borough of Barnet CA 22-Feb-2007 The claimant … Continue reading Lin, Hassan v Barnet London Borough Council: Admn 11 May 2006
This appeal concerns the scope of the jurisdiction of the county court when hearing a statutory appeal from a decision under s. 204 of the Housing Act 1996, and the lawfulness in this case of a contracted-out review decision under s. 202 of that Act. Judges: Lord Justice Peter Jackson Citations: [2020] EWCA Civ 489 … Continue reading James v Hertsmere Borough Council: CA 2 Apr 2020
The applicant and her husband surrendered their tenancy of a house in Camden and moved to Colombia, where they obtained accommodation. On arrival in Colombia, the applicant was deserted by her husband. With no prospect of employment in Colombia, and no entitlement to social security benefits, she returned to Camden and applied for housing. Camden … Continue reading Regina v London Borough of Camden ex parte Aranda: CA 21 Mar 1997
The applicant had been found to have deliberately procured her own eviction from her tenanted accommodation in Harrow. She was given temporary accommodation in a guest house, where she stayed for over a year. Her housing benefit was then reduced by half, on the basis that her rent was too high. The landlord then told … Continue reading Regina v London Borough of Harrow ex parte Fahia: CA 7 Mar 1997
Application for judicial review in which the claimant alleged that the defendant housing authority is in breach of its duty, under section 193(2) Housing Act 1996 (‘the 1996 Act’), to secure that suitable accommodation is available for him to occupy. Citations: [2020] EWHC 327 (Admin), [2020] WLR(D) 101 Links: Bailii, WLRD Jurisdiction: England and Wales … Continue reading M, Regina (on The Application of) v London Borough of Newham: Admn 19 Feb 2020
The claimant challenged the defendant’s finding that she had become homeless by giving up accommodation in 2000 which it would have been reasonable for her to continue to occupy, and remained so homeless ever since. Permission was given for a second, appeal to raise important and undecided issues about the correct test for determining whether … Continue reading Steward v Royal Borough of Kingston-Upon-Thames: CA 22 May 2007
The claimant had applied for housing under homelessness provisions saying that he was in priority need and was not homeless intentionally. The first decision had been that he was intentionally homeless and not in priority need. After review, it was agreed that he was not intentionally homeless. The applicant said that this should now entitle … Continue reading Mitu v London Borough of Camden: CA 1 Nov 2011
Judges: Arden LJ, Dyson LJ, Maurice Kay LJ Citations: [2007] EWCA Civ 665 Links: Bailii Statutes: Housing Act 1996 153A Jurisdiction: England and Wales Housing Updated: 04 November 2022; Ref: scu.254529
The claimant appealed against rejection of her claim for housing assistance, the decision being based on her being subject to immigration control. Judges: Lord Neuberger MR, Longmore, Gross LJJ Citations: [2012] EWCA Civ 982, [2013] PTSR 13 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing, Immigration Updated: 03 November 2022; Ref: scu.463075
Citations: [2006] EWCA Civ 1672 Links: Bailii Statutes: Housing Act 1996 190(1) Jurisdiction: England and Wales Housing Updated: 31 October 2022; Ref: scu.246964
Citations: [2003] EWCA Civ 1256, [2004] 1 WLR 349 Links: Bailii Statutes: Housing Act 1996 152 Jurisdiction: England and Wales Housing, Local Government Updated: 31 October 2022; Ref: scu.186688
The claimant sought judicial review of decisions made as to his entitlement to housing for homelessness. It had referred him to a private lettings agency, and under its policy ceased to enquire further as to his homelessness. The claimant said that the council was in effect seeking to evade its responsibilities. Judges: Stadlen J Citations: … Continue reading RAW, Regina (on The Application of) v London Borough of Lambeth: Admn 12 Mar 2010
The applicant had sought housing as a vulnerable person whilst under 18. The council responded by referring the matter to mediation, and postoning the review for a month which then they said allowed them to treat the applicant as not being in priority need, having then attained eighteen. Held: The council had failed to meet … Continue reading Robinson v Hammersmith and Fulham: CA 28 Jul 2006
Judges: Lady Justice Asplin Lord Justice Males And Lady Justice Elisabeth Laing Citations: [2022] EWCA Civ 1340 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.681872
Citations: [2004] EWHC 1901 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing, Immigration Updated: 25 October 2022; Ref: scu.199830
This appeal raises two related points of law. First, where an applicant who is dissatisfied with a decision made pursuant to s. 184 of the Housing Act 1996 requests a review of that decision pursuant to s. 202 of the Act, what is the legal status of the requested decision if the authority issues and … Continue reading Ngnoguem v Milton Keynes Council: CA 19 Mar 2021
Claim for Judicial Review of the alleged failures of the Defendant Council (‘the Council’) to perform its statutory duties pursuant to section 190 of the Housing Act 1996. Judges: Mr Timothy Corner QC (Sitting as a Deputy Judge of the High Court) Citations: [2010] EWHC 88 (Admin), [2010] PTSR 1859 Links: Bailii Statutes: Housing Act … Continue reading Savage v London Borough of Hillingdon: Admn 28 Jan 2010
The applicant had been found to be homeless, and not intentionally so, and entitled to housing assistance. He requested a review of a decision of the local authority not to refer his application for housing assistance to another authority. Held: The power to require a review was intended to protect an applicant for housing assistance … Continue reading The London Borough of Hackney v Sareen: CA 19 Mar 2003
The claimant challenged the authority’s housing policy which sought to implement national guidelines awarding points to housing applicants and allocating housing accordingly. He said it did not give adequate protection to the homeless. Held: The scheme did give some preference to homeless people, and the form of implementation of the national policy was within a … Continue reading Lin, (Regina on the Application of) v London Borough of Barnet: CA 22 Feb 2007
Citations: [2006] EWCA Civ 1793 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 19 October 2022; Ref: scu.249086
Tucker J said of section 204(2A) ‘ . . the time limit fixed by Parliament under the Housing Act 1996 was draconian, as some might think. It was certainly short and it gave no discretion to the judge either of this court or the county court to extend it.’ Judges: Tucker J Citations: (1998) 31 … Continue reading Regina v Brent London Borough Council, ex parte O’Connor: QBD 1998
‘This case concerns the approach to be adopted by the court towards the assessment of a ‘good reason’ for delay in bringing an appeal under s.204 of the Housing Act 1996 (‘the 1996 Act’) against an adverse review decision under the homelessness provisions of that Act, in circumstances where the reason put forward for the … Continue reading Al Ahmed v London Borough of Tower Hamlets: CA 30 Jan 2020
The respondent had requested a review of his housing priority need. He had applied to the Authority under the homelessness provisions of the 1996 Act, the Council decided that he was not in priority need. The solicitors then acting for him requested a review of that decision. The decision on the review / upheld the … Continue reading London Borough of Hamlets v Al Ahmed: QBD 26 Mar 2019
Judges: Mr Justice Stewart Citations: [2019] EWHC 2835 (QB) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Al Ahmed v London Borough of Tower Hamlets CA 30-Jan-2020 ‘This case concerns the approach to be adopted by the court towards the assessment of a ‘good reason’ for delay in bringing an appeal under s.204 … Continue reading Emambee v London Borough of Islington: QBD 25 Oct 2019
Challenge to decision that the claimant had become homeless intentionally. Judges: Bowers QC Citations: [2016] EWHC 1848 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 13 October 2022; Ref: scu.567653
Judges: The Hon Mr Justice Goldring Citations: [2005] EWHC 1430 (Admin) Links: Bailii Statutes: Housing Act 1996 190(2)(a) Jurisdiction: England and Wales Housing Updated: 11 October 2022; Ref: scu.228314
The court considered the lawfulness of the defendant authority’s housing policy. Collins J said: ‘Unless it is clear that no applicants who are not entitled to preference are able to compete on equal terms with those who are, the scheme cannot secure that the necessary head start is given’. A policy was irrational if it … Continue reading London Borough of Lambeth v A: CA 23 Jul 2002
Miss Dyson gave up her flat in Huntingdon and went to live in Cornwall. But the only accommodation which she had arranged for herself was a three month winter let of a cottage in Helston. She knew that the tenancy was not protected and that she would have to leave. When she was finally evicted, … Continue reading Dyson v Kerrier District Council: CA 1980
The claimant had sought housing as a homeless person. The authority rejected his claim saying that he was intentionally homeless, having lost his previous accomodation having grown cannabis there breaching his tenancy. The authority appealed an order which said it had breached natural justice by not providing its file for inspection until a few days … Continue reading Goodger v London Borough of Ealing: CA 23 Apr 2002
The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to … Continue reading Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012
Judges: Sir Andrew Morrit C, Patten, Pitchford LJJ Citations: [2012] EWCA Civ 335 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 05 October 2022; Ref: scu.452204
Citations: [2004] EWHC 1429 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing, Land Updated: 04 October 2022; Ref: scu.226882
The claimant appealed against dismissal of his claim that the property offered to him under the 1996 Act was properly and reasonably rejected by him. Judges: Ward, Lloyd., Kitchin LJJ Citations: [2011] EWCA Civ 1406 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 28 September 2022; Ref: scu.449030
Appeal from possession order against applicant granted assistance under homelessness provsions. Judges: Eady J Citations: [2011] EWHC 2857 (QB) Links: Bailii Statutes: Housing Act 1996 193 Housing Updated: 26 September 2022; Ref: scu.448159
The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011
Challenge to refusal to accept applicant as homeless. Judges: Mr Sam Grodzinski QC Citations: [2019] EWHC 3480 (Admin) Links: Bailii Statutes: Housing Act 1996 183 184 Jurisdiction: England and Wales Housing Updated: 25 September 2022; Ref: scu.645834
Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such offer. Having rejected it as unsuitable, she was given notice to quit the temporary accomodation. She then … Continue reading Regina (on the application of) Awua v Brent London Borough Council: HL 6 Jul 1995
Appeal from an order in the County Court dismissing the appeal of the Appellant from a review decision of Birmingham City Council, pursuant to sections 202 and 203 of the Act, that the Respondent had discharged its duty to secure accommodation for the Appellant under section 193(2) of the Act. The reason given in the … Continue reading Akhtar v Birmingham City Council: CA 12 Apr 2011
The claimant who the defendant accepted lived in severely overcrowded conditions with his family, said that the defendant’s allocation policy was unlawful in debarring tenants such as himself who were in rent arrears from being allocated a property, and/or that the policy was being unlawfully implemented. Judges: Nicol J Citations: [2011] EWHC 1756 (Admin) Links: … Continue reading Babakandi v Westminster City Council: Admn 6 Jul 2011
Committal for breach of court order as to behaviour as neighbour. Citations: [2006] EWCA Civ 1518 Links: Bailii Statutes: Housing Act 1996 155(5) Jurisdiction: England and Wales Housing, Contempt of Court Updated: 14 September 2022; Ref: scu.245996
Citations: [2003] EWCA Civ 1967 Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 11 September 2022; Ref: scu.193647
The claimant appealed against rejection of her objection to the defendant’s decision that it had discharged its housing duties toward her. Held: The appeal succeeded. Etherton LJ said: ‘The accommodation offered by Camden to the applicant comprised two self-contained flats, on the same floor of the building, but a short distance apart, one of which … Continue reading AS v London Borough of Camden: CA 20 Apr 2011
The court considered questions arising under the review procedure applicable under homelessness provisions. Judges: Maurice Kay LJ VP, Rimer, Etherton LJJ Citations: [2011] EWCA Civ 355 Links: Bailii Statutes: Housing Act 1996 202, Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 Jurisdiction: England and Wales Housing Updated: 06 September 2022; Ref: scu.431750
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011
The court examined ‘a short but important point on the inter-relationship between the provisions of Part III of the Children Act 1989, headed ‘Local Authority Support for Children and Families’, and the homelessness provisions of Part VII of the Housing Act 1996, in particular sections 188 and 189, headed ‘Interim duty to accommodate”. Judges: Walll … Continue reading M, Regina (on the Application of) v Hammersmith and Fulham: CA 5 Jul 2006
Judges: Tuckey, Rix LJJ, Wilson J Citations: [2005] EWCA Civ 796 Links: Bailii Statutes: Housing Act 1996 193 Jurisdiction: England and Wales Housing Updated: 02 September 2022; Ref: scu.228791
Application for leave to appeal Citations: [2001] EWCA Civ 1258 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 02 September 2022; Ref: scu.218324
(Central London County Court) Judges: West-Knights QC Recorder Citations: [2010] EW Misc 15 (CC) Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 31 August 2022; Ref: scu.427417
Second challenge to the treatment of the claimant in her application for housing as a homeless person. Judges: Mummery, Etherton, Sullivan LLJ Citations: [2010] EWCA Civ 1334 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 27 August 2022; Ref: scu.426476
‘The sole but important issue on this appeal is the meaning of ‘violence’ in section 177(1) of the Housing Act 1996 (‘the Act’). The question is whether, for the purposes of that provision, ‘violence’ requires some sort of physical contact or whether, in the context of ‘domestic violence’, it should be understood more widely as … Continue reading Yemshaw v London Borough of Hounslow: CA 15 Dec 2009
The applicants challenged the policies of the respondent with regard to the provision of temporary housing under the 1996 Act. Judges: Foskett J Citations: [2010] EWHC 2576 (Admin) Links: Bailii Statutes: Housing Act 1996 Part 7 Jurisdiction: England and Wales Housing Updated: 25 August 2022; Ref: scu.425306
Citations: [2005] EWCA Civ 602 Links: Bailii Statutes: Housing Act 1996 189(1) Jurisdiction: England and Wales Housing Updated: 20 August 2022; Ref: scu.225051
Renewed application for permission to appeal against an order dismissing an appeal under section 204 of the Housing Act 1996 against the decision of a review officer to the effect that accommodation at Milton Keynes that had been offered to her under the Council’s Housing Act duties was suitable. Judges: Rimer LJ Citations: [2010] EWCA … Continue reading Norris v Milton Keynes Council: CA 27 Jan 2010
The council appealed against a decision allowing the claimant’s appeal against the council’s decision on her homelessness application. Judges: Sedley, Jacob, Jackson LJJ Citations: [2010] EWCA Civ 327 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 16 August 2022; Ref: scu.406525
Application for leave to appeal from refusal of a judicial review of council’s refusal to review the adequacy of housing offered to her. Judges: Males LJ Citations: [2019] EWCA Civ 1592 Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 16 August 2022; Ref: scu.641781
Judges: Lord Justice Moore-Bick Citations: [2010] EWCA Civ 222 Links: Bailii Statutes: Housing Act 1996 193 Jurisdiction: England and Wales Housing Updated: 14 August 2022; Ref: scu.418424
Complaint as to method of detrmination of rent for house. Citations: [2009] EWHC 3539 (Admin) Links: Bailii Statutes: Housing Act 1996, Housing Benefit General Regulations 1987, Rent Officers (Housing Benefit Functions) Order 1997 Jurisdiction: England and Wales Housing Updated: 13 August 2022; Ref: scu.396515
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
