Gage LJ placed emphasis on the assumption that ‘the ordinary homeless person’ was a notional homeless person based on the particular authority’s experience. Judges: Gage LJ Citations: [2005] HLR 21, [2004] EWCA Civ 1775 Statutes: Housing Act 1996 189 Jurisdiction: England and Wales Housing Updated: 11 May 2022; Ref: scu.566003
The claimant had been granted an introductory tenancy. He appealed a possession order. The council had issued a notice of its intention to seek possession, but then after a review made a decision not to seek possession. It later issued a notice again saying possession would be sought. Held: Following Stone, the authority was able … Continue reading Forbes v Lambeth London Borough Council; Regina (Forbes) v Lambeth London Borough Council: QBD 18 Feb 2003
Where a local authority had to decide whether temporary housing was suitable for a family who had applied under the homelessness provisions, the location of the short-term housing was relevant. In this case, a London authority, placing a family in accommodation in Great Yarmouth, failed in its statutory duty, because the result of that placement … Continue reading Regina v Newham London Borough Council, ex parte Sacupima and others: CA 1 Dec 2000
Tenants under long leases sought to recover service charges which had been paid over many years, but which they had come to consider unreasonable. The landlords resisted the claim for repayment saying the Tribunal had no power to make an order when the charges had been paid. The tribunal also said that a limitation period … Continue reading Regina v London Leasehold Valuation Tribunal Ex Parte Daejan Properties Ltd: QBD 20 Oct 2000
The applicant had committed certain acts of theft. She later moved house, but was then convicted and imprisoned. She lost her house whilst in prison, and sought assistance as a homeless person. The authority deemed her to have become intentionally homeless. Held: The fact of her move was not relevant, and there was no reason … Continue reading Minchin v Sheffield City Council: CA 26 Apr 2000
In order to grant an injunction under the section, a person sought to be protected had to have some real nexus or connection with the residential premises involved. A connection with the area in general was insufficient. A milkman visiting residential premises might be protected, but a housing officer working in the area had no … Continue reading Enfield London Borough Council v B (A Minor) and Another: CA 2 Sep 1999
The tribunal could only consider an application to review the reasonableness a landlord’s service charge to the extent that it remained unpaid. Both the county court and the tribunal had jurisdiction to hear such claims, but the provisions for the tribunal required the charges to be ‘alleged to be payable’ and that could not be … Continue reading Regina v London Leasehold Valuation Tribunal, ex parte Daejan Properties Ltd: CA 12 Jul 2001
Judges: Lady Justice Asplin Citations: [2020] EWCA Civ 1586 Links: Bailii Statutes: Housing Act 1996 193(7) Jurisdiction: England and Wales Housing Updated: 08 May 2022; Ref: scu.656370
A person offered temporary housing, on being acknowledged to be homeless, could not accept the offer and then claim it was unsuitable. The duty was satisfied when the offer was accepted. However the authority must make this clear to the applicant when confirming the offer. The applicant would then face an uncomfortable choice of accepting … Continue reading Alghile v Westminster City Council: CA 2 Mar 2001
Judges: Wilkie J Citations: [2006] EWHC 452 (Admin) Links: Bailii Statutes: Housing Act 1996 184 Jurisdiction: England and Wales Housing Updated: 07 May 2022; Ref: scu.239252
Citations: [2009] EWHC 3240 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 07 May 2022; Ref: scu.425532
The claimant challenged the council’s policy for allocating council houses. The policy would allocate applicants to a class, and once a property was available to that class, it was given to the person longest on the list within that class. Judges: Nicholas Blake QC Citations: [2007] EWHC 2332 (Admin) Links: Bailii Statutes: Housing Act 1996 … Continue reading Ahmad, Regina (on the Application of) v London Borough of Newham: Admn 11 Sep 2007
The claimant sought judicial review of a decision to refuse his application for housing under the homelessness provisions. Judges: Singh J Citations: [2012] EWHC 1399 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 05 May 2022; Ref: scu.461870
Whether the appellant was intentionally homeless within the meaning of section 191 of the Housing Act 1996 Judges: Lord Justice Lewis Citations: [2020] EWCA Civ 1587 Links: Bailii Statutes: Housing Act 1996 191 Jurisdiction: England and Wales Housing Updated: 04 May 2022; Ref: scu.656356
The tenancy had been an introductory tenancy. The council sought to terminate the tenancy, delivering the papers to the court before the anniversary. Held: The proceedings were not begun under the section until the court issued the claim form. That had occurred outside the twelve month period, and the trial tenancy had expired and the … Continue reading Salford City Council v Garner: CA 27 Feb 2004
The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel within the authority district was sufficient. Judges: Mr Jack Beatson, … Continue reading Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001
Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund. Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . equality duties are an integral and important part of the mechanisms for ensuring the fulfilment … Continue reading Bracking and Others v Secretary of State for Work and Pensions: CA 6 Nov 2013
Having set aside a number of houses for the homeless, the local authority then failed, when allocating places, to consider the remaining and relevant statutory tests for deciding who should get what place. Held: The statutory criteria remained relevant, and the homelessness as such was not sufficiently serious to overwhelm other considerations. The policy was … Continue reading Regina v Westminster London Borough Council ex parte Al-Khorsan: QBD 14 Dec 1999
Implications of the refusal by the respondent of an offer of accommodation made by the appellant, the London Borough of Bromley. The Council notified Miss Broderick that it regarded the duty which it had owed her under section 193 of the Housing Act 1996 (‘the 1996 Act’) as having ceased as a result of the … Continue reading London Borough of Bromley v Broderick: CA 16 Nov 2020
The court was asked whether Gosport BC correctly applied sections 175 and 177 of the 1996 Act in concluding that it was reasonable for a severely disabled applicant for housing to continue to occupy her accommodation. Citations: [2018] EWCA Civ 1846 Links: Bailii Statutes: Housing Act 1996 175 177 Jurisdiction: England and Wales Housing Updated: … Continue reading Lomax v Gosport Borough Council: CA 1 Aug 2018
Reasons for dismissal of claim – whether a local housing authority can reconsider its determination of an applicant’s eligibility for assistance under Part VII of the 1996 Act after it has made a ‘local connection’ referral to another authority. Citations: [2018] EWCA Civ 1826 Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing … Continue reading Sambotin, Regina (on The Application of) v The London Borough of Brent: CA 31 Jul 2018
Judges: Davis, Ryder, Sales LJJ Citations: [2018] EWCA Civ 529, [2018] 1 WLR 3157, [2018] WLR(D) 190 Links: Bailii, WLRD Statutes: Housing Act 1996 Jurisdiction: England and Wales Housing Updated: 25 April 2022; Ref: scu.620147
Citations: [2018] EWCA Civ 1595 Links: Bailii Statutes: Housing Act 1996 202 Jurisdiction: England and Wales Housing Updated: 25 April 2022; Ref: scu.619393
Claim for damages for breach of Article 8 of the European Convention on Human Rights arising out of alleged breaches of statutory duty under Part VII of the Housing Act 1996. Citations: [2018] EWHC 1287 (Admin) Links: Bailii Jurisdiction: England and Wales Housing, Human Rights Updated: 23 April 2022; Ref: scu.618117
The Court was asked whether and when n a person who is homeless and suffers from mental illness may apply for housing under Part VII of the Housing Act 1996 (‘HA 1996’). Judges: Arden, Lewison, Asplin :JJ Citations: [2018] EWCA Civ 928, [2018] WLR(D) 256 Links: Bailii, WLRD Jurisdiction: England and Wales Housing Updated: 20 … Continue reading WB v W District Council: CA 26 Apr 2018
For a local authority to be liable for damage to the property of a person applying as a homeless person, the authority had to be properly fixed with notice of the threat to the property. A general or fanciful risk was insufficient. An applicant having left her home and applying to be re-housed complained of … Continue reading Deadman v Southwark London Borough Council: CA 31 Aug 2000
Judges: Lord Justice McCombe Citations: [2020] EWCA Civ 1458 Links: Bailii Statutes: Housing Act 1996 184 Jurisdiction: England and Wales Housing Updated: 03 April 2022; Ref: scu.655575
Judges: Keith J Citations: [2003] EWHC 2266 (Admin) Links: Bailii Statutes: Housing Act 1996 Jurisdiction: England and Wales Citing: See Also – Morris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004 The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency … Continue reading Morris, Regina (on the Application of) v Westminster City Council: Admn 13 Oct 2003
Appeals as to decisions refusing urgent need homelessness assessments. Judges: Lewison, Beatson, Sweeney LJJ Citations: [2017] EWCA Civ 1624 Links: Bailii Statutes: Housing Act 1996 189(1)(c) Jurisdiction: England and Wales Housing Updated: 31 March 2022; Ref: scu.597405
Appeal from rejection of appeal from finding of intentional homelessness. Judges: Patten LJ, Briggs of estbourne L Citations: [2017] EWCA Civ 1532 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 31 March 2022; Ref: scu.597390
Challenge to housing policy as discriminatory against Irish travellers or Kurdish refugees. Judges: Underhill VP, Lewison, King LJ Citations: [2019] EWCA Civ 692, [2019] WLR(D) 244, [2019] PTSR 1738 Links: Bailii, WLRD Statutes: Housing Act 1996 166A, Children Act 2004 11(2), Equality Act 2010 19 29 149 Jurisdiction: England and Wales Citing: Appeal from – … Continue reading Ward and Others, Regina (on The Application of) v The London Borough of Hillingdon and Others: CA 16 Apr 2019
The claimant sought damages under the 1977 Act. The defendant said it had behaved lawfully. He had been housed in a hostel pending a decision on the application for permanent housing as a homeless person, which the defendant said excluded him from protection under the 1977 Act. Held: The claimant’s appeal failed.Auld LJ said: ‘the … Continue reading Rogerson v Wigan Metropolican Borough Council: QBD 14 Jul 2004
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 had been rehoused outside the Borough and that the Coucil had … Continue reading Nzolameso v City of Westminster: SC 2 Apr 2015
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 … Continue reading Samuels v Birmingham City Council: SC 12 Jun 2019
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 was unlawful. Chronic overcrowding was equivalent to homelessness, and having made once the finding, it became under an immediate … Continue reading Aweys and Others, Regina (on the Application Of) v Birmingham City Council: Admn 26 Jan 2007
Appeal against a decision dismissing an appeal brought by the appellant under section 204 of the 1996 Act against an assessment made by the Council upon review under section 202 of the 1996 Act. The Council’s assessment in relation to establishing the extent of the duties it owed the appellant with respect to provision of … Continue reading Trindade v London Borough of Hackney: CA 6 Jul 2017
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
Judges: Richards, Floyd, Sales LJJ Citations: [2015] EWCA Civ 1051, [2015] WLR(D) 435 Links: Bailii, WLRD Statutes: Housing Act 1996 Jurisdiction: England and Wales Cited by: Appeal from – Samuels v Birmingham City Council SC 12-Jun-2019 The appellant had been provided with emergency accommodation after losing her assured shorthold tenancy, but the court was now … Continue reading Samuels v Birmingham City Council: CA 27 Oct 2015
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in … Continue reading O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997
The case concerns the extent of a housing authority’s duty of inquiry, in light of the public sector equality duty set out in section 149 of the Equality Act 2010, into whether an applicant for homelessness assistance has a disability requiring special arrangements to be made. Black, Beatson, Sales LJJ [2016] EWCA Civ 1137 Bailii … Continue reading Birmingham City Council v Wilson: CA 17 Nov 2016
Application for judicial review of a decision by the London Borough of Hillingdon to decline to accept the Claimant’s application made under section 183 of the Housing Act 1996 for accommodation. Neil Cameron QC [2016] EWHC 2647 (Admin) Bailii Housing Act 1996 183 England and Wales Housing Updated: 24 January 2022; Ref: scu.570780
Central London County Court – appeal by W under s. 204 of the Housing Act 1996 against the decision on review by the respondent local housing authority (‘Haringey’), upholding an earlier decision that he was not within a category of persons who are in ‘a priority need for accommodation’, as specified in s. 189(1) of … Continue reading W v London Borough of Haringey: Misc 17 Feb 2016
Tomlinson LJ [2016] EWCA Civ 653 Bailii Housing Act 1996 England and Wales Housing Updated: 22 January 2022; Ref: scu.568597
Renewed application for permission to appeal against an order dismissing the applicant’s appeal against a review decision under the homelessness provisions of the 1996 Act Richards LJ [2015] EWCA Civ 1501 Bailii Housing Act 1996 England and Wales Housing Updated: 19 January 2022; Ref: scu.566844
Arden, Black, King LJJ [2016] EWCA Civ 709 Bailii Housing Act 1996 204 England and Wales Housing Updated: 19 January 2022; Ref: scu.566850
The claimant challenged the decision of the defendant local authority not to accept a further application from her as a homeless applicant Amanda Yip QC [2016] EWHC 1665 (Admin) Bailii Housing Act 1996 Housing Updated: 19 January 2022; Ref: scu.566824
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly. Held: That promise had created a legitimate expectation: ‘In all legitimate expectation cases, whether substantive or procedural, three practical questions arise. The first question is to what has the public authority, … Continue reading Regina v London Borough of Newham and Bibi and Al-Nashed: CA 26 Apr 2001
Gloster LJ [2015] EWCA Civ 1604 Bailii Housing Act 1996 England and Wales Housing Updated: 17 January 2022; Ref: scu.565666
Kitchin LJ [2015] EWCA Civ 1519 Bailii Housing Act 1996 England and Wales Housing Updated: 17 January 2022; Ref: scu.565654
Claim for judicial review brought against the defendant, the London Borough of Waltham Forest alleging that, having concluded that the claimant was not a ‘priority need’, it failed to perform its duty under Part VII of the Housing Act 1996, in particular to provide appropriate advice and assistance (s.192(2)) and accommodation in the exercise of … Continue reading Smajlaj, Regina (on The Application of) v London Borough of Waltham Forest: Admn 26 May 2016
Mathew Gullick, (Sitting as a Deputy Judge of the High Court) [2020] EWHC 3100 (Admin) Bailii Housing Act 1996 204 England and Wales Housing Updated: 17 January 2022; Ref: scu.656308
Appeal against dismissal of the appeal the claimant from a decision of the Borough that its duty under the 1996 Act to secure that accommodation was available for him and his family had ceased by virtue of section 193(5) of the Act. Carnwath, Rimer, Munby LJJ [2010] EWCA Civ 1278, [2011] HLR 11 Bailii Housing … Continue reading Vilvarasa v London Borough of Harrow: CA 16 Nov 2010
Local authorities have a legal duty to provide accommodation which was suitable for homeless applicants, and suitability included affordability. Geraldine Andrews QC HHJ [2009] EWHC 608 (Admin) Bailii Housing Act 1996 193 England and Wales Cited by: Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions … Continue reading Best, Regina (on The Application of) v Oxford City Council: Admn 25 Mar 2009
Floyd LJ [2015] EWCA Civ 1448 Bailii Housing Act 1996 England and Wales Housing Updated: 10 January 2022; Ref: scu.560434
Renewed application for leave to appeal from refusal of judicial review in respect of the claimant’s homelessness apploication. Beatson LJ [2015] EWCA Civ 695 Bailii Housing Act 1996 184 England and Wales Housing Updated: 05 January 2022; Ref: scu.553824
The appellant challenged an order declaring on a preliminary issue that the respondent council had elected to operate an introductory tenancy regime for the purposes of Section 124 of the 1996 Act and therefore that the tenancy granted by the respondent to the appellant was an introductory tenancy for the purposes of part V of … Continue reading Newark and Sherwood Homes v Gorman: CA 3 Jun 2015
[2018] EWCA Civ 2876 Bailii Housing Act 1996 England and Wales Housing Updated: 04 January 2022; Ref: scu.632681
The Claimant challenged the Defendant’s decisions to refuse to exercise its discretion under section 188(3) of the Housing Act to secure that accommodation is available to the Claimant pending the outcome of its review of her application for assistance under Part 7 of the Housing Act 1996. John Bowers QC [2015] EWHC 2515 (Admin) Bailii … Continue reading Barrett, Regina (on The Application of) v City of Westminster Council: Admn 28 Jul 2015
The claimant appealed against the dismissal of his claim that his accomodation was not suitable in the light of his health difficulties. Patten, Kitchin, Gloster LJJ [2015] EWCA Civ 952 Bailii Housing Act 1996 204 England and Wales Housing Updated: 03 January 2022; Ref: scu.551792
Ryder LJ [2015] EWCA Civ 890 Bailii Housing Act 1996 201(4) England and Wales Housing Updated: 03 January 2022; Ref: scu.551271
Sedley J said that , there would be a real risk that ‘a sick and vulnerable individual (and I do not use the word ‘vulnerable’ in its statutory sense) is going to be put out on the streets’, which he described as a ‘reproach to a society that considers itself to be civilised’. Sedley J … Continue reading Regina v London Borough of Hammersmith and Fulham ex parte Fleck: Admn 18 Aug 1997
Longmore, Black, Sharp LJJ [2015] EWCA Civ 780, [2016] PTSR 289, [2015] BLGR 695, [2015] HLR 38, [2015] WLR(D) 323 Bailii, WLRD Housing Act 1996 England and Wales Housing, Human Rights Updated: 02 January 2022; Ref: scu.550371
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010
Unrelated Detriment was no Discrimination The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments. Held: The authority’s appeal succeeded. … Continue reading London Borough of Lewisham v Malcolm: HL 25 Jun 2008
[2003] EWHC 1350 (Admin) Bailii Housing Act 1996 184 England and Wales Housing, Local Government Updated: 28 December 2021; Ref: scu.185326
The claimant, a tenant of the respondent had a troublesome neighbour. Though she reported the matter to the police she was afraid to lay a formal complaint. The respondent said it was unable to rehouse her as homeless in the absence of such a complaint. The County Court judge allowed her appeal and quashed the … Continue reading Hussain v The London Borough of Waltham Forest: CA 20 Jan 2015
The Council’s power unders section 160ZA(7) allowing it to set the criteria for qualifying to be allocated housing did not displace its duties under section 166A(3) to give priority to the identified classes of housing applicants. That included those to whom a duty was owed y virtue of section 193(2). Richards, Tomlinson, Bean LJJ [2015] … Continue reading Jakimaviciute, Regina (on The Application of) v Hammersmith and Fulham London Borough Council: CA 6 Nov 2014
The authority accepted that it owed a duty to house the appellant, and that she was unable to afford the rents payable on housing within the district after reductions in housing benefits. She was offered but refused, housing im Milton Keynes. Moore-Bick VP CA, Black, Vos LJJ [2014] EWCA Civ 1383, [2015] HLR 1, [2015] … Continue reading Nzolameso v City of Westminster: CA 22 Oct 2014
Appeal against an order dismissing the appellant’s appeal against the review decision of the respondent local housing authority.Underhill LJ discussed statistical evidence on a section 202 review in relation to an applicant who was said to be a suicide risk if he was made homeless: ‘[E]ven if it is right, as seems plausible enough even … Continue reading Ajilore v London Borough of Hackney: CA 8 Oct 2014
Use of the private rented sector by local housing authorities in causing their duty under s. 193(2) of the Housing Act 1996 to cease. [2021] EWCA Civ 1688 Bailii England and Wales Housing Updated: 22 December 2021; Ref: scu.669790
UTLC LANDLORD AND TENANT – administration charges – covenant to pay costs of proceedings – whether costs incurred ‘in or in contemplation of’ proceedings under s.146, Law of Property Act 1925 – Freeholders of 69 Marina v Oram considered – s.81, Housing Act 1996 – ss.167-169, Commonhold and Leasehold Reform Act 2002 – appeal allowed … Continue reading Barrett v Robinson: UTLC 29 Jul 2014
The claimant sought permission to challenge a requirement that she move from emergency temporary accomodation into a single bedroomed flat, with only seven days notice. Grenfell HHJ [2009] EWHC 1962 (Admin) Bailii Housing Act 1996 188 England and Wales Housing Updated: 18 December 2021; Ref: scu.368617
Mr Kanu, aged 48, had physical problems, including back pain, hepatitis B, hypertension and haemorrhoids, as well as psychotic symptoms and suicidal ideation. His wife assisted him in taking the necessary drugs, but stress would raise his hypertension to ‘quite dangerous levels’, requiring an increase in the dose of the relevant drugs. An order for … Continue reading Kanu v The London Borough of Southwark: CA 29 Jul 2014
The claimant challenged the defendant’s decision that she was intentionally homeless. Jackson, Fulford, Christopher Clarke LJJ [2014] EWCA Civ 792 Bailii England and Wales Cited by: Appeal from – 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 … Continue reading Haile v London Borough of Waltham Forest: CA 13 Jun 2014
The child applicant sought housing assistance. Held: The child’s welfare had obviously to be taken into account, but it could not be the paramount consideration as this would be inconsistent with the statutory language. Sullivan, Patten, Vos LJJ [2014] HLR 32, [2014] WLR(D) 238, [2014] EWCA Civ 660, [2014] 1 WLR 4112 Bailii, WLRD Housing … Continue reading Hines v London Borough of Lambeth: CA 20 May 2014
The applicant sought housing as a homeless person. Held: Moses LJ said: ‘The statutory questions are clear; was the action or omission in question deliberate? The answer to that question cannot differ [according to] whether the local authority takes into account the duty under section 11 of the Children’s [sic] Act or not.’ Moses, Beatson, … Continue reading Huzrat v London Borough of Hounslow: CA 21 Nov 2013
The court was asked as to the obligations of a local housing authority under section 193 of the 1996 Act 1996 when deciding whether its duty to secure accommodation is available for occupation by a homeless person has been discharged because the homeless person has refused a final offer of accommodation by the authority. Rafferty, … Continue reading Solihull Metropolitan Borough Council v Khan: CA 28 Jan 2014
Hallett, Sullivan LJJ, Arnold J [2013] EWCA Civ 1764 Bailii Housing Act 1996 191(1) England and Wales Housing Updated: 28 November 2021; Ref: scu.520117
Appeal against finding that the claimant was not homeless because there was accommodation available for her. Arden, Sullivan, Davis LJJ [2013] EWCA Civ 1579 Bailii Housing Act 1996 202 England and Wales Housing Updated: 27 November 2021; Ref: scu.518986
The Council appealed against a decision allowing the appeal of the respondent under the 1996 Act against its review decision which had upheld its original decision that Mr Balog was intentionally homeless within the meaning of s.191 of the 1996 Act. Sullivan, Kitchin, Briggs LJJ [2013] EWCA Civ 1582 Bailii Housing Act 1996 191 204 … Continue reading Birmingham City Council v Balog: CA 12 Dec 2013
Appeal by the Council against the dismissal of its claim for possession of a house in Leicester. The issues in this appeal are (i) whether the Council acted unlawfully in deciding to evict the widow of the former tenant and her two children without first considering the option of granting a fresh tenancy to the … Continue reading Leicester City Council v Shearer: CA 19 Nov 2013
Sir Anthony May President of the Queen’s Bench Division [2010] EWCA Civ 909, [2010] HLR 46 Bailii Housing Act 1996 193 England and Wales Housing, Immigration Updated: 23 November 2021; Ref: scu.421111
Arden, Jackson McCombe LJJ [2013] EWCA Civ 752 Bailii Housing Act 1996 England and Wales Citing: Cited – Regina v London Borough of Camden ex parte Pereira CA 20-May-1998 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 … Continue reading Johnson v Solihull: CA 6 Jun 2013
Conditions for Anonymity Orders The claimant sought judicial review of the Defendant’s failure to provide suitable accommodation under its duty under section 193(2) of the 1996 Act. The Defendant admitted breach of its statutory duty because the accommodation that it was providing was not suitable. The parties now disputed the relief: she contended that a … Continue reading Imam, Regina (on The Application of) v The London Borough of Croydon: Admn 26 Mar 2021
Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020
The claimant had applied for housing as a homeless person and was found temporary accomodation pending the respondent’s decision. When eventually the decision went against the claimant, the claimant argued that the authority was obliged to recover the licensed accomodation through court proceedings. Held: The appeal failed. Moses, Kitchin, Floyd LJJ [2013] EWCA Civ 805, … Continue reading ZH, Regina (on The Application of) v London Borough of Newham: CA 11 Jul 2013
The claimants had applied for housing as homeless. They were given accommodation pending the authority’s final decisions. Those decisions were thet the claimants were homeless intentionally. The authoity’s set out to recover possession. The claimants said that under the 1977 Act, the authority was obliged first to obtain a court order. Held: The request for … Continue reading CN, Regina (on The Application of) v London Borough of Lewisham: CA 11 Jul 2013
Renewed application for permission to appeal against an order dismissing an appeal against a review decision under the homelessness provisions of the Housing Act 1996. The relevant issue before the judge was whether the review officer for the local housing authority, the London Borough of Waltham Forest, had erred in finding that the applicant did … Continue reading Adam v London Borough of Waltham Forest: CA 3 Mar 2016
The applicant applied for housing being a homeless single mother. The council found that she was intentionally homeless, and was required to leave the temporary accomodation provided. The judge considered that the phrase ‘reasonable opportunity of securing accommodation’ involved consideration by the local authority both of the applicant’s individual situation and that of the authority … Continue reading Conville v London Borough of Richmond-Upon-Thames: CA 8 Jun 2006
The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council had failed to take account of his disability. Held: The applicable national guidance required the council to … Continue reading Barber v London Borough of Croydon: CA 11 Feb 2010
The fact that the accommodation found to be available to the applicant for housing was in Bangladesh did not make it unavailable in law. The subsections must be read separately. Accommodation could be available to the applicant even though she could not afford to travel to it. The power of the County Court to hear … Continue reading Begum (Nipa) v Tower Hamlets London Borough Council: CA 1 Nov 1999
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was not democratically accountable. Held: Reviews could be contracted out. The court could ‘not see that … Continue reading Heald and Others v London Borough of Brent: CA 20 Aug 2009
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children was unlawful within section 11 of the 2004 Act, and had been excessive in time. … Continue reading Castle and Others v Commissioner of Police for The Metropolis: Admn 8 Sep 2011
The claimant sought to challenge the defendant’s housing allocation policy. He said that as a homeless person he should have been given a reasonable preference for housing. The authority said he was not in priority need, and that the temporary accomodation provided in a guest house meant that he was no longer homeless. Held: The … Continue reading Alam v London Borough of Tower Hamlets: Admn 23 Jan 2009
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision against her on review. Held: Her appeal failed. The task of the county court judge was to see … Continue reading Bubb v London Borough of Wandsworth: CA 9 Nov 2011
‘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 that ‘an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that … Continue reading Haile v London Borough of Waltham Forest: SC 20 May 2015
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that she had not received a letter informing her of the consequences of not accepting an … Continue reading Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010
The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation … Continue reading Pieretti v London Borough of Enfield: CA 12 Oct 2010
The authority was required to provide housing to the minor applicant, but she was too young to hold a legal estate. An equitable lease had been created, and she now appealed against an order for possession having broken the terms of the agreement, saying that the authority was in practice trustee for the tenant, and … Continue reading Alexander-David v London Borough of Hammersmith and Fulham: CA 1 Apr 2009
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014