Archive for the 'Homeless' Category

No comparing

By NL on 23/01/2012. 0 Comments

When considering ‘general housing circumstances in the area’ under Housing Act 1996 s.177(2) on a s.202 review, can the review officer conduct a comparative exercise?

A s.204 appeal decision in Chawa v Kensington and Chelsea RLBC (Central WLondon County Court 19 July 2011), suggests that the answer is no.

MS C and her 11 year old son were living in a private rental studio flat. She applied as homeless, but K&C decided that despite the overcrowding it was reasonable for her to continue to occupy the flat. On review, the review officer upheld the decision. The review decision took into account general housing circumstances in the area, and described this … Read the full post

Posted in FLW case note, Homeless and Housing law - All.

Let’s all move to … Wales

By Dave on 02/01/2012. 0 Comments

We have previously commented on various housing and homelessness developments in Wales.  These have been individual interventions into homelessness and the legislative competence order giving legislative housing powers to the Assembly.  Moves are now afoot to do something radical with housing.  In December 2011, Huw Lewis, the Minister for Housing, Regeneration and Heritage, published a wide-ranging and quite personal vision for the future of housing policy in Wales: Meeting the Housing Challenge: Building a Consensus for Action.  It is both thoughtful and thought-provoking, but without much detail (yet).  Views are sought by 17.02.2012 by email to housingministerialstatement@wales.gsi.gov.uk.  It looks like housing policy in Wales may well be moving … Read the full post

Posted in FLW article, Homeless and Uncategorized. Tags: , , .

To let or not to let

By SJM on 08/12/2011. 1 Comment

An interesting and novel first instance case has recently emerged from Reigate County Court. Minter v Mole Valley District Council was heard by DJ George on 25th May 2011 and it was reported in the papers here. The facts in summary are as follows:

M approached MVDC with a view to letting her property in Dorking under the local authority’s rent deposit scheme. M was accepted for the scheme and she was introduced to a prospective tenant, Lisa Alexander. The property was let to Ms Alexander on 26th March 2007 and the property was repossessed on 9th June 2008, Ms Alexander having left a trail of devastation in her … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Homeless and Housing law - All. Tags: .

When should an offer be ‘suitable’?

By NL on 06/12/2011. 0 Comments

Abed v City of Westminster [2011] EWCA Civ 1406

Is an offer of temporary accommodation under s.193(5) Housing Act 1996 unlawful if the Local Authority has not assessed the suitability of the accommodation before making the offer? This was the issue before the Court of Appeal.

Ms A had had her homeless application accepted by Westminster. She and her son were offered temporary accommodation in Ilford. Ms A said that it was not suitable, in part because she was acting as the carer for a disabled nephew in Paddington 5 days a week. She also referred to her and her son’s medical conditions. She requested a review (without having accepted … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , .

“Landlords from hell”

By NL on 05/12/2011. 3 Comments

Just a quick note to remind people that the second of Channel 4 Dispatches on ‘Landlords from hell” is on tonight at 8.30.

It is billed as:

Jon Snow and a team of undercover reporters find out what really happens to those desperate to find a home, now that the housing minister wants councils to work with private landlords.

I understand that Croydon Council feature in this programme, quite a lot. The press release is here.

Right on cue, Croydon are apparently proposing to relocate 300 homeless families in temporary housing to Hull.  There will be more of this…

[If you missed it, the programme Read the full post

Posted in Homeless, Housing law - All and Various (non-housing).

That must be annoying

By J on 04/12/2011. 0 Comments

Butt v LB Hounslow [2011] EWCA Civ 1372 is, frankly, daylight robbery. You’ll remember that in Bubb v Wandsworth (our note here), the Court of Appeal made clear that the county court on a s.204 appeal should not start finding facts. Ever.

So, we come to Butt. The issue was whether or not the reviewing officer had taken certain matters into account and how the review decision had come to be made, especially, which officer had been involved in that decision. To deal with this issue, the Circuit Judge allowed the review officer to give oral evidence on both issues. And so an appeal to the Court of Appeal. … Read the full post

Posted in FLW case note, Homeless and Housing law - All.

No facts please, we’re reviewing

By NL on 13/11/2011. 0 Comments

Bubb v London Borough of Wandsworth [2011] EWCA Civ 1285

In an appeal under s.204 Housing Act 1996, should the County Court determine disputed factual issues?  In this second appeal, the Court of Appeal effectively holds not.

Ms Bubb was in temporary accommodation after Wandsworth accepted the full s.193 housing duty. She was accommodated at a property called Trayfoot Lodge but after a year, in March 2009, she was moved to a property called Clarkson House. In August 2009 Wandsworth decided to offer permanent accommodation in a property called Alfreda Court. Wandsworth’s case was that a letter was sent, by hand, to Ms B at Clarkson House on 11 August, … Read the full post

Posted in FLW case note, Homeless and Housing law - All.
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