Section: Allocations & Transfers

Case Law Update

Muse v Brent LBC [2008] EWCA Civ 1447

Brent Council owed Ms Muse the main housing duty under Housing Act 1996 section 193(2) and provided her with accommodation under that duty.

As her family grew, the accommodation became overcrowded and the Council decided that it was unsuitable and that she should move to other suitable accommodation that it would provide.

When Ms Muse declined to move, the Council decided that its duty had been discharged.

The county court judge allowed an appeal but the Court of Appeal reversed that decision and upheld the council.

New Regulations

Source: Office of Public Sector Information

The Allocation of Housing (England)(Amendment)(Family Intervention Tenancies) Regulations 2008 SI 3015

By virtue of section 159 of the Housing Act 1996, a local housing authority must, when allocating housing accommodation, comply with the provisions of Part 6 of the Act which relate to the process by which people apply and are considered for an allocation of housing accommodation.

The Allocation of Housing (England) Regulations 2002 SI 2002/3264 make provision for certain cases where the provisions of Part 6 of the Act do not apply when a local authority allocates housing accommodation.

Regulation 2 of these Regulations amends the principal Regulations, so that they specify an additional case where Part 6 of the Act will not apply. That is where a local housing authority makes an allocation of housing accommodation to a person who lawfully occupies accommodation let on a family intervention tenancy (whether that tenancy was granted by a local housing authority or by a registered social landlord).

A definition of "family intervention tenancy" is inserted in regulation 2 of the principal Regulations - A family intervention tenancy is a tenancy granted in the circumstances mentioned in paragraph 4ZA of Schedule 1 to the Housing Act 1985 or paragraph 12ZA of Part 1 of Schedule 1 to the Housing Act 1988, where the landlord has served a notice under sub-paragraph (5) of whichever of those paragraphs is relevant.

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Reporting on Nov 2008-Jan 2009

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