Vulnerability after Hotak – first High Court case?

R (on the Application of Omar) v Wandsworth LBC, (2015) QBD (Admin) (Ouseley J) 11/11/2015 (not on Bailii yet, note of extempore judgment on Lawtel). A tantalising lawtel note on what appears to be the first higher court decision on vulnerability after Hotak/Johnson/Kanu. The actual wording of the judgment would be interesting to know. Ms O […]

Human Rights and Homelessness Update

It is hard to believe that nearly 6 years have elapsed since the Supreme Court heard the appeals in Ali and others v Birmingham CC (our note here), where the Court decided that a decision on a homelessness application involving a dispute of fact was not a determination of a civil right under Art 6(1) […]

Affordability and intentionality – adding it up

Samuels v Birmingham City Council [ 2015 ] EWCA Civ 1051 A second appeal from a s.204 County Court appeal that addressed the council’s decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was intentionally homeless for failing to pay the full rent). There was a […]

End of days miscellany

No, I am not going to comment much on the ongoing, unravelling farce of the NHF ‘voluntary deal’ on housing association right to buy. Partly because nobody seems to have a clue what is going on and what it would actually mean – apparently including the NHF. But there is plenty else going on to […]

Listen very carefully, I shall do this only once

The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on 24/3/2015. Sadly, Ms B’s adult, terminally ill, son died two days after the […]

Hazard? What Hazard?

When do local authorities have to conduct Housing Act 2004 hazard assessments as part of their homelessness duties? The first part of the answer to this question was provided by the Court of Appeal in Temur v LB Hackney [2014] EWCA Civ 877 (our note here), where it was held that there was no obligation […]

IT wasn’t

In Wandsworth LBC v Tompkins [2015] EWCA Civ 846, Wandsworth had purported to grant Mr and Mrs Tompkins an introductory tenancy of a property; only, as the Court of Appeal found, it wasn’t an IT because it couldn’t be.  Mr and Mrs Tompkins had made a homelessness application.  There was some toing and froing on […]

Human Rights Update

Zammit & Attard Cassar v Malta [2015] ECHR 751 This is the latest in the sequence of cases dealing with rent controls and breaches of A1P1 (previous note here). The property in this instance was let under a commercial lease and in 2002, the applicants obtained a report valuing the yearly rent at 7,000 EUR. […]

Subjective suitability

Poshteh v Royal Borough of Kensington And Chelsea [2015] EWCA Civ 711 At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the […]

Primary considerations

In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance.  In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, […]