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This is a brief note on a recent High Court appeal dealing with the issue of costs on withdrawn s.204 appeals (Unichi v LB Southwark 16/10/13-from a Lawtel summary, not on Bailii). The Local Authority discharged its duty towards Ms U under s.193(6)(b) of the...
Peake v LB Hackney [not yet on Bailii] is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit. Ms P was found intentionally homeless by the Council following the surrender of a tenancy of...
Zak Johnson v City of Westminster [2013] EWCA Civ 773 [Not on bailii yet, transcript on Lawtel] When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant's route to challenge a...
There have been a number of priority need cases in the Court of Appeal recently and Johnson v Solihull MBC, June 6, 2013, unreported [from a lawtel note] is another one. Mr Johnson was 37 years old. He was a heroin addict, suffered from depression and had...
Shelter has recently issued its 2012 statistics of homeless households who were temporarily accommodated outside London. 31 London councils provided data, which have revealed that out of 11513 households, 120 (or 1%) were accommodated more than 20 miles from...
Unusually, this is a published Judicial Review permission decision. Further, Anthony Thornton QC J has 'certified that this judgment may be cited and referred to in other cases or situations. This direction is made pursuant to paragraph 6.1 of the Practice...
Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not....
In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap. Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing benefit/LHA (and astonishingly...
We are all aware that there is no general entitlement to permanent accommodation via the Part VII route (R v Brent ex p Awua). So it is interesting to find a s.204 appeal where it was argued that the Appellant had a legitimate expectation of permanent...
Shelter have produced a briefing on the use of Localism Act powers to place homeless applicants in private sector accommodation, aimed at Local Authorities and Councillors, Changes in the Localism Act 2011 give local authorities more scope to place homeless...
Chishimba v RBKC, Court of Appeal, March 25, 2013, [from a lawtel note - not on bailii yet] concerned an appeal brought by a homeless applicant. The issue was whether Ms Chishimba had become intentionally homeless. Ms Chishimba approached the authority for...
In El-Dinnaoui v Westminster CC [2013] EWCA Civ 231, the Court of Appeal found that the offer of a flat on the 16th floor of a block to a household which contained a person with fear of heights was perverse. The offer of accommodation was "in the teeth" of...