Category Archives: Homeless

All homelessness related posts

Not adding up

As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.

The Court of Appeal considered affordability and the proper approach to it in Farah v London Borough of Hillingdon [2014] EWCA Civ 359.

This was the second appeal of Hillingdon’s s.202 review decision upholding the first decision that Ms Farah was intentionally homeless from her private sector tenancy because she had failed to pay the full rent.

Ms F applied … Read the full post

Also posted in FLW case note, Housing law - All | | Leave a comment

Let’s all talk about Wales

We don’t often publicise events here, but given that this one involves at least couple of the NL team, we are damn well going to.

Housing Law:
The Welsh Devolution Effect
1st May 2014

Cardiff Law School, Museum Avenue, Cardiff, CF10 3AX

 

A one day conference run by the University of Bristol Law School, Anthony Gold, and Arden Chambers examining the two major housing Bills in Wales, the Housing (Wales) Bill and the Renting Homes (Wales) Bill.

The Welsh Government is carrying through a substantial legislative programme reforming all aspects of housing and tenancy rights and responsibilities. These significant changes will ultimately lead to an effective separation of Wales … Read the full post

Also posted in Assured Shorthold tenancy, assured-tenancy, Housing law - All, Licences and occupiers, secure-tenancy, Various (non-housing) | | Tagged | Leave a comment

I don’t like reg.8, no no… I love it

Mohamoud v Birmingham CC [2014] EWCA Civ 227

As all of our readers doubtless know, the way that decision making in homelessness cases works is something like this: a first decision is made by someone on behalf of a local housing authority; if that is in the applicant’s favour, all well and good; if it isn’t, the applicant can ask for a review; that review is carried out by someone else on behalf of the authority, who might overturn the original decision or who might confirm it; if they confirm it, the applicant can appeal to the county court.

Recognising that at the review stage it is quite possible that … Read the full post

Also posted in FLW case note, Housing law - All | | Tagged , | 4 Comments

Discharge of duty by helping eviction.

This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council’s refusal to carry out a review of the method it had decided upon to discharge its full housing duty.

Still with me? Right.

R (Miah) v Tower Hamlets LBC [2013] EWHC 4434 (Admin) [note on the Garden Court bulletin]

Ms M applied as homeless to Tower Hamlets. She had the beneficial interest in a property (not the legal title) and the property was tenanted. TH’s initial decision, that she was not homeless because she had the house, was eventually quashed in a s.204 … Read the full post

Also posted in FLW case note, Housing law - All | | 9 Comments

Deciding without a decision

R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014 [Lawtel note, no transcript yet]

This judicial review is possibly one for the ‘what were they thinking?’ pile.

The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.

Harrow carried out an assessment, then said that it was obliged to provide the children with accommodation under s.17 and s.20 Children Act 1989, but not the mother.

The children applied for judicial review, and interim relief was granted. The … Read the full post

Also posted in Community care, FLW case note, Housing law - All | | Tagged , , | 3 Comments

Homeless Counties

A brief note on what I think was a homelessness s.204 appeal, but have only a local newspaper report to go on. The issue was the status of the review officer, and specifically, whether St Albans District Council had, as it purported to do, contracted out its homeless reviews to Minos Perdios. Mr Perdios should need no introduction to regular readers, and we have visited the ‘contracting out reviews’ issue in Shacklady v Flintshire and most recently in Tachie, Terera and Il v Welwyn Hatfield BC [2013] EWHC 3972 (QB) [our report].

It appears that in this case, brought by Ms Hadnutt, St Albans DC was found to have … Read the full post

Also posted in FLW case note, Housing law - All | | Tagged , , | 6 Comments
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