How many reviews?

In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews […]

Tenure is not a medical matter

In Kannan v Newham LBC (2019) EWCA Civ 57, Lewison LJ once again (after Lomax – our note) has considered the effect of the public sector equality duty on a review, this time concerning suitability.  Mr Kannan and his household had lived in “temporary” accommodation for 2 1/2 years.  The flat was accessed by an external metal staircase […]

Hiatus brief updates (and job ad)

Quick couple of cases to note (no analysis), a bit of news and a job ad. Two linked appeals on out of borough/out of London Homelessness review decisions – Alibkhiet v London Borough of Brent v City of Westminster  (2018) EWCA Civ 2742 Upper Tribunal (Lands Chamber) on costs under a ‘contemplation of a s.146 notice’ […]

Suitability and s.193 accommodation

Anon v LB Lewisham, Central London County Court, 5 July 2018 (Transcript of Judgment here) This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation provided under s.188 Housing Act 1996, but following Lewisham accepting the full housing duty, it […]

Children Act and Housing – (not) joining the dots.

J and L, R (on the application of) v London Borough of Hillingdon (2017) EWHC 3411 (Admin) This is a very interesting judicial review, concerning the interrelation of a council’s housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children under s.17 Children Act 1989. The brief factual background, taken from […]

World enough and time – suitability, distance and time

Barakate v LB Brent. County Court at Central London. 16 October 2016 (copy of judgment) A section 204 Housing Act 1996 appeal of the suitability of LB Brent’s offer of private sector accommodation to Mr B of a property in Birmingham. Mr B, his wife and three daughters were in temporary accommodation in Brent, a […]

Time, distance & suitability

Begum v Tower Hamlets LBC. County Court at Central London. 1 December 2015 Thanks to the Housing: Recent Developments in the September 2016 edition of Legal Action for the note of this case. This was a s.204 appeal of a s.202 review of suitability of temporary accommodation. Tower Hamlets owed Ms B, and her four […]

Perversity in Brent

Our thanks to Garden Court Chambers, Hackney Law Centre and Liz Davies for their note of this case. Cieicierska v Brent LBC. Central London County Court, 5 September 2016. Ms C, a single parent with 3 children, was owed the full housing duty by Brent and was in temporary accommodation. Brent made a final offer of […]

Subjective suitability

Poshteh v Royal Borough of Kensington And Chelsea [2015] EWCA Civ 711 At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the […]

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. I’ve got a transcript] Just to set the scene, Ms […]