Known unknowns – Considering disability in homelessness

Birmingham City Council v Wilson [2016] EWCA Civ 1137 In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act […]

Odds and Ends

Assorted updates. Right to Rent – the new criminal offence. The Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 have been made and come into force on 1 December. The draft DCLG Guidance for the courts on the defence of taking steps to end a tenancy in a reasonable time is here. […]

New facts, ex-marriages and homeless applications

Abdulrahman, R (on the application of) v The London Borough of Hillingdon [2016] EWHC 2647 (Admin) This was  judicial review of Hillingdon’s refusal to accept a homeless application from Ms A. Ms A and her then husband had made a joint homeless application to Hillingdon, at eviction from a private sector tenancy. The household was […]

Homeless Reduction Bill – part 2

After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive. But first, I should clarify some remarks I made about Wales […]

Reducing the Homelessness Reduction Bill. Part 1

Monday’s big news was the Govt announcement that it will support the Homelessness Reduction Bill – Bob Blackman MP’s private members bill, due for second reading on 28 October. But exactly what is it that the Govt is supporting? The first draft of the Bill, largely based on draft amendments to Housing Act 1996 produced […]

Time, distance & suitability

Begum v Tower Hamlets LBC. County Court at Central London. 1 December 2015 Thanks to the Housing: Recent Developments in the September 2016 edition of Legal Action for the note of this case. This was a s.204 appeal of a s.202 review of suitability of temporary accommodation. Tower Hamlets owed Ms B, and her four […]

Homeless eligibility amends and deposit discretions

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless […]

Vulnerability, ‘significantly’ and equality duties

S Butt v London Borough of Hackney. County Court at Central London. 22 February 2016 (PDF of judgment) This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. (Others are here and here). In […]

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 […]

Circumstances and consequences. Accommodation pending appeal.

Our thanks to Garden Court chambers and Justine Compton for their note of this case. Where a homeless application has requested a s.202 review of the local authority’s decision on duty, the authority has a power, but not an obligation to provide temporary accommodation. The same is true for accommodation pending appeal. The local authority […]