Our grateful thanks to Liam Evans and Daniel Grütters of One Pump Court for this note of a s.204 appeal on an affordability assessment for a suitability decision, including the vexed topic of use of AHAS guidance. Ake v Lewisham Borough Council (2024)...
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...
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...
Suitability and affordability – Court of Appeal on assessing affordability
Paley v London Borough of Waltham Forest (2022) EWCA Civ 112 This was a second appeal to the Court of Appeal on the issue of whether Waltham Forest had taken to correct approach to assessing the affordability of an offer of a private tenancy in Stoke on...
Intentional homelessness, affordability and allowances
Patel v London Borough of Hackney (2021) EWCA Civ 897 A second appeal to the Court of Appeal, following a s.202 review decision and s.204 appeal on the issue of whether Mr Patel's private sector accommodation from which he was evicted for rent arrears was...
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...
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...
Foxtons declare war on the homeless
The London Evening Standard has a story which is simultaneously unsurprising yet startling in its blatancy. A landlord had entered an agreement to let the property through CityWest Homes - Westminster Council's housing entity. This was the private letting...
Affordability and intentionality – adding it up
Samuels v Birmingham City Council [ 2015 ] EWCA Civ 1051 A second appeal from a s.204 County Court appeal that addressed the council's decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was...
Temporary accommodation at a peppercorn rent
This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application. R (OAO Yekini) v LB Southwark [2014] EWHC 2096 (Admin) [Not on Bailii yet....