Private sector discharge and unknown landlords

Teresa Ward v LB Hillingdon. County Court at Central London. HHJ Lamb QC. 11 July 2019 (not reported elsewhere, we’ve seen the judgment.) The issue in this s.204 Housing Act 1996 appeal was whether the review decision upholding a private rented sector offer (PRSO) was correct that this was a lawful PRSO, and if so, […]

Suitability when? Review and decision dates.

London Borough of Waltham Forest v Saleh (2019) EWCA Civ 1944 The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review. Mr Saleh was owed the full housing duty by Waltham Forest following a homeless application by Mr S for his household, […]

More on “vulnerability”

In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made […]

Permission to appeal out of time – the strict approach

Emambee v London Borough of Islington (2019) EWHC 2835 (QB) We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a […]

Accommodation pending review – getting it wrong at s.189B stage

R (on the application of Laryea) v London Borough of Ealing (2019) QBD (Admin) 29/08/2019 (Not on Bailli, note of extempore judgment on Lawtel) Mr L was homeless and suffered from epilepsy and PTSD. He had applied to Ealing as homeless. He was placed in temporary accommodation and Ealing accepted he was in priority need, […]

Dishonourable discharge

SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin) This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained […]

Equality and Homeless Appeals

Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405 We first saw this case as a county court appeal (our note here) where the central issue was whether Equality Act 2010 issues could be raised and decided within a section 204 Housing Act 1996 homelessness appeal. HHJ Luba QC held that they could not, […]

Reasonable Expenses and intentional homelessness

Samuels v Birmingham City Council (2019) UKSC 28 The Supreme Court, finally, has delivered its judgment on the issue of the assessment of ‘reasonable expenses’ when considering the affordability of rent in homelessness decisions. In this case, where Ms Samuels was evicted for rent rent arrears and Birmingham CC had found her intentionally homeless, despite a […]

The wrong doctors

R(Al-Ali) v Brent LBC (2018) EWHC 3634 (Admin) (not on Bailii. We have seen a judgment and it is also reported in March 2019 Legal Action Housing: recent developments). There is, I think little of legal significance in this judicial review permission decision, but there are some helpful hints for anyone thinking of fabricating evidence. […]

Homelessness – capacity to apply

R(Uddin) v Southwark LBC (2019) EQHC 180 (Admin) (Not on Bailii. We’ve seen a copy of the judgment. Also reported in the March 2019 Legal Action Housing: recent developments). Mr U is a single man. In May 2018, he was assaulted and suffered a serious brain injury. In October 2018, the hospital assessed him as […]