Tag Archive for 'suitability'

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: , , .

A room of one’s own

By NL on 21/04/2011. 14 Comments

Virginia WoolfVirginia Woolf famously remarked that for a woman to write fiction, she required enough means to support herself and a room of her own. For homeless applicants, though, sometimes separated spaces can be the problem.

 

Aliya Sharif v Camden LBC [2011] EWCA Civ 463 (on Lawtel, not on Baili yet)

The issue on this appeal to the Court of Appeal was whether provision of two separate flats on the same floor of a building used as a hostel could be suitable as temporary accommodation for the applicant’s household.

Ms S had applied to Camden as homeless. Her household consisted of her father, who was in poor health and for … Read the full post

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

Never apologise, never explain

By NL on 12/04/2011. 5 Comments

Akhtar v Birmingham City Council [2011] EWCA Civ 383 [not on bailii yet, we've seen a transcript]

When a Local Authority accepts the applicant’s case on a review under s.202 review under Housing Act 1996, is there or should there be a duty to give reasons why the applicant was successful and on what objections they were not successful?

This was the combined permission and substantive hearing of a second appeal from a s.204 appeal to the County Court.

Ms Akhtar was a homeless person. Birmingham had accepted a full duty following her application. Birmingham had offered a permanent property at
41 Twickenham Road, in the Kingstanding area of the … Read the full post

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

Unreasonable bungalow

By NL on 21/02/2011. 3 Comments

Anya Thompson v Mendip District Council, Taunton County Court 3 December 2010 [Unreported elsewhere].

This was the s.204 Housing Act 1996 appeal of a decision by Mendip DC that its offer of a two bedroom bungalow was an offer of suitable accommodation under s.206 of the Act and, therefore, it was right to discharge duty under s.193 of the Act.

Ms Thompson had been a traveller for 20 years. In February 2008, she moved her caravan onto land in Glastonbury owned by Mendip. She was served with a removal order in June 2008, but after negotiations, was allowed to stay. Ms T applied as homeless, and was initially turned … Read the full post

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

Reviews of Suitability and Discharge of Duty

By NL on 05/07/2010. 4 Comments

Ravichandran & Anor v London Borough of Lewisham [2010] EWCA Civ 755

Or Omar v Birmingham City Council [2007] EWCA Civ 610 revisted. This was the Court of Appeal hearing of a second appeal from a s.204 Housing Act 1996 appeal at the County Court on Lewisham’s discharge of duty under s.193 Housing Act 1996. it is a significant decision on the nature and extent of s.202 reviews of offers of accommodation under s.193 and of discharge of duty. The Court sets out guidelines on this issue.

Briefly, the facts were that Lewisham owed Mr & Mrs R the full housing duty following their homeless application. Eventually, they were offered … Read the full post

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

Support and suitability

By NL on 12/07/2009. 0 Comments

Abdullah v City of Westminster [2007] EWCA Civ 1566 is not a new case. In fact it is two years old, but the transcript of the Court of Appeal judgement has only just come out (and it isn’t on Bailii). So we’ll do a brief note.

The case was a second appeal from a s.204 appeal to a Circuit judge. There has indeed been a previous appeal, in which HHJ Collins had quashed a review decision and required a fresh decision. This appeal was from the second decision.

Mrs Abdullah was a refugee from Yemen. She was accommodated in Barnet but moved to Westminster (with Barnet’s encouragement) as there was … Read the full post

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

Appealing reasonableness decisions

By NL on 21/03/2009. 0 Comments

This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on.

Bracknell Forest Borough Council v Harry Green & Denise Green [2009] EWCA Civ 238 centred on the consideration of the availability of suitable accommodation as a factor in considering reasonableness. It is also, and sorry to spoil any dramatic tension, a textbook example of the Court of Appeal refusing to take issue with the lower court’s exercise of discretion where there is an imprecise legal standard unless the lower judge acted ‘under an error of principle’ … Read the full post

Posted in FLW case note, Housing law - All, Possession and secure-tenancy. Tags: , , , , .
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