Human Rights Round-Up

A selection box of ECtHR cases from the last few months: Vrzić v Croatia 12/7/2016 The applicants were the owners of a property in Croatia. In early 2009, they secured finance from a private company and their property was used as collateral. The applicants defaulted on payment of the loan and the creditors began proceedings […]

Right to be Forgotten?

When does temporary accommodation become settled so as to break the chain of causation of intentional homelessness? The appeal in Huda v LB Redbridge [2016] EWCA Civ 709 concerned a homeless applicant and his family, who were effectively forgotten about by the council following a final decision on their application. Mr H had applied to […]

Facing the Facts

R (on the application of Hoyte) v London Borough of Southwark [2016] EWHC 1665 Admin is a useful decision of the High Court on the subject of repeat homelessness applications. Ms Hoyte is a 58 year old woman with a history of mental health problems and a diagnosis of major depressive disorder, who had been […]

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) […]

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 […]

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. […]

ECtHR and Social Housing-Two Recent Judgements

Happi v France 9/4/15 (judgement in French only) Mr H lives with his family in unsatisfactory and hazardous accommodation in Paris. On 28/12/10, Paris’ Administrative Court ordered the Ile-de-France authority to provide the family with urgent accommodation. This was followed by a further decision on 31/1/12 ordering the authority to pay a fine and to […]

On the Road Again

With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow. The facts of the case can be found in our earlier post on the Court of Appeal judgement (although, oddly, there is […]

Violent Conduct and Homelessness

A brief note on Hussain v LB Waltham Forest [2015] EWCA Civ 14, which concerns the definition of ‘other violence’ in s.177(1) of the Housing Act 1996. In Yemshaw v LB Hounslow [2011] UKSC 3, the Supreme Court held that ‘violence’ under s.177(1) included behaviour which fell short of actual physical contact with the victim. The […]