Section: Homelessness & Asylum Seekers
Case Law Update
When the claimants applied to Birmingham Council as "homeless," it was accepted that they were owed the main duty. The Council found that although the claimants had accommodation, it was not reasonable for them to continue to occupy it.
The Council advised the claimants to remain in their own homes until made an offer under the Council's allocation scheme. In the case of applicants provided with temporary accommodation, the Council reserved bed-and-breakfast accommodation.
On a Judicial Review, the High Court found both the Council's handling of the homeless and its allocation scheme to be unlawful.
It followed that since the existing accommodation was unsuitable, claimants should not be required to continue occupying it: the Council had a duty to secure suitable accommodation.
Those applicants in bed-and-breakfast accommodation had, because the Council had secured it, suitable accommodation. It was, therefore, irrational to place applicants in bed-and-breakfast accommodation in a higher band than the claimants, who were in accommodation the Council considered unreasonable for continued occupation.
R (Aweys) v Birmingham CC [2007] EWHC 52 (Admin), 26 January 2007
Despite a history of rent arrears and other debt, Mrs Watchman took out a mortgage to buy her home. The installments were higher than the rent.
When the rate of repayments increased and her husband lost her job, Mrs Watchman's account fell into arrears, and she was evicted by the mortgage lender.
Following her homelessness application, Birmingham Council found Mrs Watchman intentionally homeless; given her financial history, it was inevitable from the outset of the mortgage that Mrs Watchman would get into arrears and lose the home.
The Court of Appeal upheld that decision and ruled that the Council had been entitled to find that it was the taking-out of the mortgage, and not the loss of employment, that caused the homelessness.
Watchman v Ipswich BC [2007] All ER (D) 109 (Feb), 8 February 2007
Barnet Council had accepted that the main homelessness duty was owed to the claimant, and placed her in private sector leased accommodation.
The claimant had then applied for council tenancies under the local allocation scheme, but had insufficient points to do so successfully. Her claim for Judicial Review of the scheme met with limited initial success, and she appealed.
The Court of Appeal rejected her claim that the allocation scheme did not give real or meaningful reasonable preference to the homeless. It did allow an appeal relating to a procedural aspect of the allocation scheme.
R(Lin) v Barnet LBC [2007] EWCA Civ 132, 22 February 2007
In Brief
The Scottish Executive concluded its consultation exercise on the relaxation or abolition of the "local connection" rules in Scottish homelessness legislation.
Tackling Homelessness in Wales: A Review of the Effectiveness of the National Homelessness Strategy, which was published by the Wales Audit Office, puts forward recommendations for continued improvement in implementation of the strategy for homelessness services in Wales.
© Copyright 1996 - 2008 UK Housing Ltd. Housing Monthly Diary
Issue: March 2007 Reporting on Jan-Feb 2007
- Antisocial Behaviour & Nuisance
- Heating & Energy Efficiency
- Homelessness & Asylum Seekers
- Housing & Estate Management
- Housing Benefit & Council Tax
- Housing Provision
- Private Sector
- Repairs & Improvements
- Right to Buy
- Social Landlords
- Travellers and Gypsies
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