Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin) Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In...
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,...
Reasonable evidence of in reasonable condition – private sector discharge
Hajjaj v City of Westminster (2021) EWCA Civ 1688 Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the...
Suitable means available
Nikolaeva v London Borough of Redbridge (2020) EWCA Civ 1586 A quick note on this Court of Appeal decision concerning offers of permanent accommodation in discharge of duty. Ms N was owed the full housing duty as homeless by LB Redbridge. An offer of a...
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...
Shelter briefing on private sector discharge
Shelter have produced a briefing on the use of Localism Act powers to place homeless applicants in private sector accommodation, aimed at Local Authorities and Councillors, Changes in the Localism Act 2011 give local authorities more scope to place homeless...
What to review?
Nzamy v Brent London Borough Council Court of Appeal, January 26, 2011 [Arden eflash 420. Not on Bailii yet, but we've seen a transcript of the extempore judgment] The appellant and family were in permanent accomodation provided by Brent following a previous...
Reviews of Suitability and Discharge of Duty
Ravichandran & Anor v London Borough of Lewisham [2010] EWCA Civ 755 Or Omar v Birmingham City Council [2007] EWCA Civ 610 revisted. This was the Court of Appeal hearing of a second appeal from a s.204 Housing Act 1996 appeal at the County Court on...