Hodge v Folkestone and Hythe District Council (2023) EWCA Civ 896 A second appeal to the Court of Appeal on Folkestone's decision that Ms Hodge as intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under...
Suitability appeal – don’t ignore evidence of need.
Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation. Uddin v Hackney LBC (2023) J40CL175 (unreported, we've seen the judgment.) Case...
Getting it all wrong… LB Redbridge ‘dismal’ homelessness decisions
UO v London Borough of Redbridge (2023) EWHC 1355 (Admin) Ms UO and her 3 children, aged 11, 5 and 3, were homeless and had applied to LB Redbridge. The family had NASS accommodation in the Tottenham area since 2021, after NASS accommodation in Croydon and...
Think of other ways to meet the duty.
Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow's failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and...
Renters (Reform) Bill – overview Part 2
Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it... Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn't...
Suitability duties and reasonable preferences that weren’t unreasonable
Jaberi, R (On the Application Of) v City of Westminster (Re Housing Act 1996) (2023) EWHC 1045 (Admin) A judicial review on three grounds: i) Breach of section 193(2) Housing Act 1996 duty to secure suitable accommodation; ii) The Westminster's allocation...
Suitability review – excluding information, and ending existing accommodation.
Querino v Cambridge City Council. County Court at Cambridge, 29 March 2023 Continuing the trend (of which I wholeheartedly approve) of people sending me notes of judgments, the following is a note of a s.204 appeal of a suitability review decision from Toby...
Location, location, location (and getting discharge of duty right)
Zaman v London Borough of Waltham Forest and Uduezue v Bexley LBC (2023) EWCA Civ 322 These were two joined second appeals from section 204 appeals, both on the issue of whether the local authorities had lawfully discharged duty following decisions that 'out...
Time to respond to ‘minded to’ letters, and getting affordability right
Our grateful thanks to Alice Irving of Doughty Street Chambers for this note of a section 204 appeal decision, which is interesting in the approach to representations in response to 'minded to' letters, to affordability assessments and on the timing and role...
Homelessness and Allocation – unlawfully restricting reasonable preference
Khayyat & Anor v Westminster City Council (2023) EWHC 30 (Admin) A judicial review by two claimants of Westminster's allocation policy and its restriction of entry to the housing register to only homeless applicants to whom Westminster had decided it...
Crossing the line – what happens when the Care Act meets housing duties
Campbell, R (On the Application Of) v London Borough of Ealing (2023) EWHC 10 (Admin) This judicial review concerns the relationship between the Care Act 2014 and housing legislation, in particular the effect of s.23 of the Care Act 2014, which prevents care...
Distant rumbles
Post Truss, we have been told once more that the Renters Reform Bill will be forthcoming before too long, and with it the end of section 21 as a way of getting possession for landlords. Now, like a distant rumble of thunder heralding the oncoming storm,...