Tag Archive for 'suitability'

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Refusing Temporary Accommodation

By NL on 21/12/2008. 0 Comments

Once someone is in temporary accommodation, following an acceptance of the full housing duty to a homeless person by the local authority, what happens when that temporary accommodation becomes unreasonable for the household to continue to occupy, but alternative temporary accommodation is refused by the tenant?

Muse v London Borough of Brent [2008] EWCA Civ 1447 was an appeal arising from LB Brent’s decision to discharge duty under s.193 HA 1996 when Mrs Muse refused alternative accommodation offered when her current temporary accommodation (at Press House!) became overcrowded.

Mrs Muse was successful at s.204 appeal, arguing that s.193(5) did not apply. S.193(5) provides:

The local housing authority shall cease

… Read the full post

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

On ramps and suitability

By NL on 29/10/2008. 4 Comments

Boreh v London Borough of Ealing [2008] EWCA Civ 1176 was an appeal from a s.204 appeal of a s.202 review that upheld a finding that a property offered in discharge of s.192(3) duty was suitable.

Mrs Boreh was owed the full housing duty by Ealing. Ealing offered a property in discharge of that duty, which Mrs Boreh rejected as unsuitable. Ealing found on review that it was. Mrs Boreh is significantly disabled, uses a wheelchair and cannot stand unaided for more than 2 minutes.

Her daughter saw the property on her behalf and rejected it, giving a number of reasons. of these, the one that remained significant on appeal … Read the full post

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

Suitability and marital harmony

By NL on 10/06/2008. 2 Comments

Ahad v London Borough of Tower Hamlets [2008] EWCA Civ 606 was an application for permission to appeal from a s.204 appeal concerning a refusal of an offer of permanent accommodation. Tower Hamlets had discharged duty on the basis that the appellant had refused an offer of accommodation that was suitable and reasonable for him to occupy, s.173(7F).

The appellant, his wife and three children made up the household. Tower Hamlets had accepted a duty. The appellant was bidding under a Choice Based Letting scheme, made a bid on the property and was successful. After viewing the property with his wife, he refused the offer.

On s.202 review, Tower Hamlets … Read the full post

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

Caravan sites and Tomlin orders

By NL on 21/05/2008. 1 Comment

A couple of interesting permission to appeal hearings have appeared on Bailii. Permission granted in both cases for Court of Appeal hearing.

Lee v Rhondda Cynon Taff County Borough Council [2008] EWCA Civ 523 concerns whether a Local Authority should have considered the acquisition of a plot for a caravan in the context of a review of an offer of ‘suitable’ accommodation following assumption of housing duty to a homeless Romany Gypsy.

City of Westminster v Man [2008] EWCA Civ 532 arose out of a claim for unpaid service charges. It concerns whether a Tomlin Order, staying the proceedings, means that an earlier order for costs in the proceedings, not … Read the full post

Posted in Homeless, Housing law - All and Licences and occupiers. Tags: , , , , .

Fair and commonsense reviews

By NL on 01/05/2008. 0 Comments

So, then

Omar v City of Westminster [2008] EWCA Civ 421

Briefly, the facts were that Mr Omar made a homeless application to Westminster. His household consisted of his wife and his infant son who had just been born and was, at the time of the application was under special care at Kensington & Chelsea hospital. The son was discharged on 28 December 2006. Westminster accepted a duty on 15 January. The family were given temporary accommodation in a hotel. On 19 February Westminster offered a two bed property in Walthamstow E17 for temporary accommodation under s.193 HA 1996. Mr Omar refused the offer, stating that his infant son had … Read the full post

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

Report to come…

By NL on 01/05/2008. 0 Comments

I previously mentioned a Garden Court report on Omar v Westminster. There is also a brief Times report here.

The full judgment is now out on Bailii and is interesting.

Omar v City of Westminster [2008] EWCA Civ 421 (03 March 2008) on reviewing suitability of s.193 temporary accommodation.

I’ll get to it tomorrow (or later today, now).… Read the full post

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