Our grateful thanks to Daniel Grütters of One Pump Court Chambers for this note of a Section 204 appeal of a review decision that it was reasonable for appellant to continue to occupy her accommodation, so she was not homeless. The key issue is the always...
HMOs, overcrowding standards and reasonableness of accommodation
Rowe v London Borough of Haringey (2022) EWCA Civ 1370 A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities....
Equality Act and ‘reasonable to remain’
Lomax v Gosport Borough Council (2018) EWCA Civ 1846 This was a second appeal on a homeless application by Ms L to Gosport. Ms L "suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of...
Why are they there?
Hemans & Anor v Windsor and Maidenhead Royal Borough Council (2011) CA Civ Div 2 March 2011 [Lawtel note of extempore judgment. Not on Bailii yet] This was an appeal by Windsor of the first appeal of a Housing Act 1996 s.202 review decision that it...
The brilliant Baroness
Yemshaw v Hounslow LBC [2011] UKSC 3 While my NL colleagues are off partying at a secret location for lunch, I've managed to steal a few precious minutes from an appallingly tight deadline (Sinead: if you're reading this, it'll be there, honest) to write a...
Physical violence only
Yemshaw v Hounslow LBC (2009) CA (Civ Div) 15/12/2009 [only as Lawtel note so far] This was an appeal to the Court of Appeal from a s.202 appeal on the issue of what 'violence' in s.177(1) Housing Act 1996 meant. S.177(1) provides that it is not reasonable...
Not reasonable but suitable
Not for the first time, I (and I suspect others) have been completely wrong-footed by Baroness Hale. It would be fair to say that the House of Lords judgment in the joined appeals in Birmingham v Ali and Moran v Manchester [2009] UKHL 36 has come as...
Not interesting enough
McKenzie, R (on the application of) v London Borough of Waltham Forest [2009] EWHC 1097 (Admin) was a Judicial Review initially brought on grounds that the local authority refused to provide the claimant with temporary accommodation following her...
Cardiff homeless – tactical lessons?
Thanks to Housed and Garden Court's bulletin for the pointer to this Ombudsman's report [pdf] on Cardiff's failure to provide temporary accommodation pending enquiries on what was a prima facie case of 'not reasonable to remain' homelessness. Cardiff were...