If, in a judicial review application, you have been refused on an application for interim relief on the papers, where you you go to challenge that decision? Nolson, R (on the application of) v Stevenage Borough Council (2020) EWCA Civ 379 This was an...
Draft in haste… Coronavirus restrictions and homelessness
Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and - to the point here - restrictions...
Throwing out the homeless – hotels and coronavirus
MHCLG have - to their credit - been quite clear about the position for some hotels - where they are providing room for the homeless by arrangement with a local authority, they should remain open. Unfortunately, it appears that some hotel chains, at...
Timing is everything
When does the main housing duty under s. 193, Housing Act 1996 to provide suitable accommodation to 'successful' homeless applicants, who currently are in a property, take effect? Such a simple and important question; such tortured authorities, inflected by...
Out of time but not out of mind.
Al Ahmed v London Borough of Tower Hamlets (2020) EWCA Civ 51 We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good...
Second homelessness application and new facts
Bukartyk, R (on the application of) v Welwyn Hatfield Borough Council (2019) EWHC 3480 (Admin) A judicial review of a refusal to take a second homeless application which should really be put in the 'Councils, don't do this' list of things that councils...
Private sector discharge and unknown landlords
Teresa Ward v LB Hillingdon. County Court at Central London. HHJ Lamb QC. 11 July 2019 (not reported elsewhere, we've seen the judgment.) The issue in this s.204 Housing Act 1996 appeal was whether the review decision upholding a private rented sector offer...
Suitability when? Review and decision dates.
London Borough of Waltham Forest v Saleh (2019) EWCA Civ 1944 The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review. Mr Saleh was owed the full housing duty by Waltham Forest...
More on “vulnerability”
In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger's eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant...
Permission to appeal out of time – the strict approach
Emambee v London Borough of Islington (2019) EWHC 2835 (QB) We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our...
Accommodation pending review – getting it wrong at s.189B stage
R (on the application of Laryea) v London Borough of Ealing (2019) QBD (Admin) 29/08/2019 (Not on Bailli, note of extempore judgment on Lawtel) Mr L was homeless and suffered from epilepsy and PTSD. He had applied to Ealing as homeless. He was placed in...
Dishonourable discharge
SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin) This was a judicial review of Waltham Forest's decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of...