‘There has been a 76% jump in the number of no-fault eviction notices issued by landlords, putting tenants at a higher risk of becoming homeless, government data has revealed.’
Local Government Lawyer, 28th November 2022
Source: www.localgovernmentlawyer.co.uk
‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’
Nearly Legal, 20th November 2022
Source: nearlylegal.co.uk
‘One in three black people who have experienced homelessness have also faced racial discrimination from a landlord, six times more than the general population of those who had struggled for shelter, a study reveals.’
The Guardian, 21st November 2022
Source: www.theguardian.com
‘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. It also flags some arguments for the future by failing to decide what overcrowding standards should be applied to HMOs.’
Nearly Legal, 24th October 2022
Source: nearlylegal.co.uk
‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’
Nearly Legal, 23rd October 2022
Source: nearlylegal.co.uk
‘The number of renting households made homeless because of “no-fault” evictions has surged higher than pre-pandemic levels, sparking fresh calls for the government to ban the practice.’
The Guardian, 22nd September 2022
Source: www.theguardian.com
‘ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin). This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A Housing Act 1996.’
Nearly Legal, 4th September 2022
Source: nearlylegal.co.uk
‘The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw). This was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging breach of the Children Act 2004 s.11(2) duty to discharge the Council’s functions in such a way as to safeguard and promote the welfare of children.’
Nearly Legal, 21st August 2022
Source: nearlylegal.co.uk
‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’
Nearly Legal, 21st August 2022
Source: nearlylegal.co.uk
‘The London Borough of Lambeth has been told by the High Court to find accommodation for a family within 12 weeks even though the applicant wishes to live outside the borough.’
Local Government Lawyer, 4th August 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has recently ruled that a local housing authority failed to comply with its own acquisitions policy. Stathis Kosteletos, Clive Adams and Jonathan Hulley examine the ruling.’
Local Government Lawyer, 4th August 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has rejected an appeal over a High Court judge’s dismissal of a judicial review challenge to the Government’s decision to end the “Everyone In” initiative that was launched to get rough sleepers off the streets during the pandemic.’
Local Government Lawyer, 1st August 2022
Source: www.localgovernmentlawyer.co.uk
‘Abdikadir v London Borough of Ealing (2022) EWCA Civ 979. Where an offer of out of borough accommodation had been made and refused, and a discharge of duty upheld on review, did the council’s failure to notify the other council under section 208(2) Housing Act 1996 mean that the review was invalidated?’
Nearly Legal, 31st July 2022
Source: nearlylegal.co.uk
‘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 arrears. The Council review officer had found “that the rent due to the Housing Association had been affordable for Ms Baptie, but she had failed to claim tax credits to which she was entitled and spent an unreasonable amount on living expenses. On the second point, the officer relied in part on figures contained in guidance issued by the Association of Housing Advice Services (“AHAS”).” (The first decision maker had found intentionality because Ms B was alleged not to have applied for Discretionary Housing Payments. The review officer found on these other grounds.)’
Nearly Legal, 12th July 2022
Source: nearlylegal.co.uk
‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’
Local Government Lawyer, 7th July 2022
Source: www.localgovernmentlawyer.co.uk
‘The government has proposed replacing previously repealed legislation that makes begging and rough sleeping a criminal offence. The move comes after parliament scrapped the Vagrancy Act, a 200-year-old law that criminalised sleeping rough and begging in England and Wales. The Act was repealed through an amendment to the Police, Crime, Sentencing and Courts Act (PCSCA) in April.’
Each Other, 7th July 2022
Source: eachother.org.uk
‘Steven Wood, Kelly Lloyd and Sumi Begum analyse the latest housing law judgments of interest to housing associations and local authorities.’
Local Government Lawyer, 6th June 2022
Source: www.localgovernmentlawyer.co.uk
‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’
Nearly Legal, 4th May 2022
Source: nearlylegal.co.uk
‘An interesting Court of Appeal decision on the sufficiency of enquiries to establish suitability of accommodation offered in discharge of section 189B Housing Act 1986 duty where the homeless person has the protected characteristics of disability and gender reassignment.’
Nearly Legal, 3rd April 2022
Source: nearlylegal.co.uk
‘The Court of Appeal has dismissed an appeal over the sufficiency of inquiries made by a borough council to determine the suitability of accommodation offered to a homeless applicant with ‘protected characteristics’ of disability and gender reassignment.’
Local Government Lawyer, 4th April 2022
Source: www.localgovernmentlawyer.co.uk
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