Scanlon v London Borough of Lambeth, Central London County Court 14 September 2020 (We've see a note of the decision). This was a section 204 Housing Act 1996 appeal following Lambeth's review decision that Ms S had made herself intentionally homeless. This...
Suitability, affordability and benefit claims
Tiemo, R (on the application of) v Lambeth London Borough Council (2020) EWHC 1193 (Admin) A interim judicial review decision from May, but judgment just out. The issue was the suitability of temporary accommodation under section 188 Housing Act 1996...
Either/Or, not Both.
Karimi v Southwark LBC, County Court at Central London, 26 April 2020 (note in July/August 2020 Legal Action - Housing: Recent Developments) Mr Karimi had applied to Southwark as homeless. Southwark found he was not in priority need in a s.184 decision. Mr K...
New Homelessness Statutory Guidance for England – priority need
Today, 29 June 2020, MHCLG issued an update to the statutory Homelessness code of guidance for local authorities. The relevant updates are to the chapter on priority need and consist of a new paragraph 8.44 and 8.45, as follows: 8.44 COVID-19: Housing...
Unfurnished temporary accommodation – is it suitable?
Escott, R (On the application of) v Chichester District Council (2020) EWHC 1687 (Admin) A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained...
News bits – homelessness policies
A couple of news items, both relating to homelessness policies. First, following a judicial review challenge, LB Lambeth has agreed to end its ‘Temp2Settled’ Scheme. Under this scheme, since 2014, homeless applicants were promised higher priority on the...
Ending it all – duties under section 188
Mitchell, R (On the Application Of) v London Borough of Islington (2020) EWHC 1478 (Admin) Where a local authority has an initial s.188 Housing Act 1996 duty to provide interim accommodation, but then makes a s.184 decision that the applicant is not in...
Reasons to be cheerless, part 3
Gil v London Borough of Camden (2020) EWHC 735 (QB) This was an application for permission to appeal the dismissal of a s.204 appeal for being out of time. (It was either one or two days out of time, depending). The application was dismissed because a) the...
Domestic abuse and priority need.
In a rare these days bit of good news, the Government have announced that the Domestic Abuse Bill will be amended to make being a victim domestic abuse priority need for the purposes of local authorities homelessness housing duty. This follows strong...
Probability of violence and dates of actions
LB v London Borough of Tower Hamlets (2020) EWCA Civ 439 A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or action that...
Not a disciplinary stick – PSED and homeless reviews
McMahon v Watford Borough Council (2020) EWCA Civ 497 (and Kiefer v Hertsmere Borough Council ) We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v...
What’s in an appeal?
James v Hertsmere Borough Council (2020) EWCA Civ 489 What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way. Mr James...