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,...
Assessment of housing needs and cascading unlawfulness
YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin) Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister's children, A, her youngest child, is 6 months old; R is 4; Y is...
HMOs, overcrowding standards and reasonableness of accommodation
Rowe v London Borough of Haringey (2022) EWCA Civ 1370 A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities....
Requirements for private sector offers in discharge of duty
Norton v London Borough of Haringey (2022) EWCA Civ 1340 A second appeal from a section 204 appeal of Haringey's decision to discharge homeless duty following a private rented sector offer (PRSO). There were three issues in the appeal. Haringey's letter to...
Understanding the risk of discharge of duty
Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest's decision to discharge duty. Mekonen v LB Waltham Forest,...
Notes and events: rent and evictions freezes, illegal eviction – the police and Art 8, & DA and benefit caps
A few things of interest... The Scottish government has put the cat amongst the pigeons by announcing that there will be a ban on evictions and a freezing of rent increases until 31 March 2023, to be implemented by fast track legislation. This would apply to...
Needs, not wishes – Housing Needs Assessments and Personal Housing Plans
ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin) This was a judicial review of what was claimed to be Havering's failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A...
Bullale again – settled accommodation and intentional homelessness
My grateful thanks to Nick Bano of Garden Court for a copy of this judgment. He sent it to me some time ago, but I then misplaced it, so the delay in this appearing is entirely my fault. Following the the Court of Appeal judgment in Bullale v City of...
Homelessness – suitability and distance to school
The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw) THis was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging...
Homelessness updates
Abdikadir v London Borough of Ealing (2022) EWCA Civ 979 Where an offer of out of borough accommodation had been made and refused, and a discharge of duty upheld on review, did the council's failure to notify the other council under section 208(2) Housing...
Affordability and intentional homelessness – assessments and guidance
Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888 This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent...