The Pereira test is not exactly easy to apply and equally difficult to challenge on a first appeal. In Kata v Westminster CC [2011] EWCA Civ 1456 and Simpson-Lowe v Croydon BC [2012] EWCA Civ 131 (neither are on baili or westlaw, but are on Lexis; Kata is noted in February’s Legal Action at p 13), permissions to appeal not vulnerable s 202 homelessness reviews, upheld by the county court, were refused by the CA. Both may well have had an arguable case at an early stage in the appellate process, but, of course, these are second appeals and, therefore, governed by the (baleful) CPR 52.13. The court will only … Read the full post
Archive for the 'Homeless' Category
Page 2 of 26
A very welcome guest report on this s.204 Housing Act 1996 Appeal by Alice Hilken of 1 Pump Court, who acted for the appellant, instructed by Rahman & Co.
Kumaning v London Borough of Haringey December 2011, Central London County Court, HHJ Saggerson
The Appellant (A) was a British Citizen of Ghanaian origin who had lived in the U.K for over 15 years. He applied to the council (C) as homeless together with his wife, adult daughter and seven year old son, K. A’s wife & daughter had come from Ghana to join A in the UK in the UK in 2009, whereas K (who was seven years old at … Read the full post
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
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
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
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
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
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