We’ve been told that Ali & Ibrahim v Birmingham City Council (now Ali, Ibrahim and Tomlinson v BCC) was heard in the Supreme Court today, 23 November, and continues tomorrow. Our report on the Court of Appeal judgment ([2008] EWCA 1228) is here. The issue is whether Housing Act 1996 s.202 reviews are Article 6 compliant. Judgment now awaited – this should be significant, either way.… Read the full post
Tag Archive for 'Housing Act 1996'
Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin)
S.188 Housing Act 1996 accommodation, provided pending s.184 decision or s.202 review of a negative s.184 decision, must be ‘suitable’. This means that any accommodation to which a homeless applicant is transferred, must also be suitable. Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) was a judicial review of just such a decision on to give notice on existing accommodation and offer an alternative place, which raises a couple of interesting points.
Ms Araya is a refugee from Eritrea, with two infant children and indefinite leave to remain. She applied … Read the full post
Not for the first time, I (and I suspect others) have been completely wrong-footed by Baroness Hale. It would be fair to say that the House of Lords judgment in the joined appeals in Birmingham v Ali and Moran v Manchester [2009] UKHL 36 has come as something of surprise. Unfortunately, its effects will be felt for a long time and it looks likely to initiate a whole new sub-category of litigation in homeless cases, the ‘are we there yet?’ claim. On the positive side, though, its effects on Women’s Refuges are helpful, largely removing the danger that a refuge place would be classed as accommodation in which it was … Read the full post
The Court of Appeal yesterday heard argument in Redpath v Swindon Borough Council B2/2009/0479.
The case concerns the definition and scope of “housing management functions” for the purposes of ASBIs under s.153A, Housing Act 1996.
We’ll bring you the result as soon as it’s released.
[Edit - 15.5.09 - a short report of the argument can be found Read the full post
Many local authorities use private accommodation for temporary accommodation under Housing Act 1996 Part VII. This may be by an LA ALMO ‘managing agency’, on which more at another time, or by licence agreements with private agencies.
One of the latter came to grief in Birmingham in 2008 and the decision to abandon the agency agreement was the subject of judicial review proceedings in First Real Estates (UK) Limited v Birmingham City Council [2009] EWHC 817 (Admin).
First Real Estates (FRE) supplied temporary accommodation to Brimingham between 2005 and 2008. It was founded by Iftikhar Hussain, who had previously worked for Dyadal Property Link. Dyadal then became one of FRE’s … Read the full post
There were lots of good intentions behind the SI making clear that 16/17 year olds are in priority need (The Homelessness (Priority Need for Accommodation) (England) Order 2002 (SI 2002 /2051)). But as a few have pointed out in recent years, there might be consequences because of the capacity requirements of property law. Well, in Alexander-David v LB Hammersmith & Fulham, those good intentions (and property law) have bitten back.
Ms Alexander-David, a 16 year old who was also pregnant, was provided with accommodation by Hammersmith and Fulham LBC under s 193(2). They granted and she took a standard form non-secure tenancy agreement terminable by four weeks notice … Read the full post
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