Have a question?
033 3772 0409

Housing Solicitors

Intentional Homelessness Decision Overturned after finding ‘Lamborghini Landlord’ induced our client into unaffordable tenancy (28 February 2019)

Date: 28/02/2019
Duncan Lewis, Housing Solicitors, Intentional Homelessness Decision Overturned after finding ‘Lamborghini Landlord’ induced our client into unaffordable tenancy

Our client, a vulnerable tenant, was on 26 February 2019 met with a successful decision on review under s202 of the Housing Act 1996 finding that her rogue landlord, known as the ‘Lamborghini Landlord’, induced her into entering into a revised tenancy agreement which she simply could not afford.

Our client, a mother to two young daughters who had rented from this landlord for 11 years, had to cease occupying the accommodation as the rent was continuously increased to an amount which she could no longer afford.

The rent eventually rendered her homelessness under the Housing Act 1996 due to affordability. The occupation lead her into over £13,000 rent arrears as she simply could not afford it and the landlord refused to evict her legally through the Civil Courts. Our client, in fear of making herself intentionally homeless, refused to leave the accommodation despite continuous threats by her landlord.

The landlord, Mr Hussain, in the summer of 2018 was convicted of four offences under the Forgery and Counterfeiting Act and Waltham Forest Council administered Interim Management Orders on 25 of his properties, including our client’s last settled accommodation. Mr Hussain induced a gas engineer to falsify the Gas Safety certificates for his properties. A Gas Safety check costs as little as £30 but the landlord was not willing to spend this to keep his tenants safe.

In May 2017 the landlord’s wife was convicted of four offences under the Housing Act 2004 after she supplied false information to the council’s property licensing scheme about the gas supply to four rental properties. She was found guilty and fined £40,000 plus costs of £1839.64.

After instructing Duncan Lewis last year, we made a homelessness application on behalf of our client on the basis that the property was not reasonable to occupy on the grounds of affordability. The application was accepted and our client was placed in interim accommodation under S188 of the Housing Act 1996 provided by Waltham Forest Council. The Council later served her with a negative S184 Decision (which is the notifying decision under the Housing Act 1996) on her application, on the basis that she made herself intentionally homeless as she signed the agreement knowing she could not afford the rent at £1300 per month, especially as she was in receipt of benefits and was claiming Income Support.

We submitted that the S184 Decision did not consider our client’s full circumstances, including her mental health, and failed to consider the reasons why our client signed the renewed tenancy agreement. It failed to consider the link between her mental health conditions and the impact that the landlord’s behaviour had on her ability to make decisions. It was asserted that our client could not have acted deliberately in making herself homeless on the basis that the landlord reassured her that the Housing Benefit would cover the rent, and the pressure from the landlord, combined with our client’s past experiences of domestic abuse and mental health conditions, made her susceptive to the landlord’s wishes. The intimidation by a male landlord triggered memories of past abuse which we argued must be taken into account when making a final decision.

Prior to coming to a decision, we were served with a ‘minded to’ letter stating that the Council were of the opinion that our client had made herself intentionally homeless. We submitted representations against this and shed light on her situation. It should also be noted that the rogue nature of the landlord was completely ignored in their S184 Decision.

However, in the Review Decision, the Officer agreed with our submissions that the landlord induced our client into signing the new tenancy agreement as he has a reputation for inducing people, noting that he induced a gas engineer to produce fake gas safety certificates. It was written:

‘Although you were aware you could not afford the rent […] you signed the new tenancy under duress by the landlord. Therefore you cannot be considered to have deliberately signed the tenancy agreement’.

We were able to represent our client successfully against the threat of homelessness, after the negative decision was served upon her, giving her notice to vacate the interim accommodation. Our client will now be served with a fresh homelessness decision following the successful review decision, meaning she will be accommodated by the Local Authority in a safe and affordable accommodation with her children.

The client in this case was represented by Shahnaj Miah, a trainee solicitor in our Housing department based in Dalston. Shahnaj’s work primarily involves providing publicly funded legal help to clients, ensuring compliance with pre-action protocols in housing property litigation matters and providing excellent client care and tailored advice in matters such as disrepair, homelessness, evictions and possession proceedings, anti-social behaviour and harassment by landlord or neighbours. Her work has involved providing remote advice and assistance on the Civil Legal Advice line clients to those facing housing issues across England and Wales.

Shahnaj regularly partakes in Duncan Lewis’ East London Pro Bono Clinic where she provides advice to clients in all areas of housing, including matters for which there is no longer any legal aid available. She is praised by her clients for her support in homelessness matters, “her thoughtfulness and communication [is] admirable and very professional with a sense of empathy.”

To contact Shahnaj, call 020 7923 8442 or email her on shahnajm@duncanlewis.com.

Duncan Lewis Housing Solicitors

The Legal 500 2019 states Duncan Lewis is ‘one of the most effective firms practicing social housing law' with particular recognition for the pro-bono work undertaken, including representing a number of individuals in homelessness claims following the Grenfell Tower disaster.

Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs.

With a niche expertise in Possession and Unlawful Eviction cases the Department holds a significant presence in County Court Possession Duty Schemes throughout London including the Central London County Court.

Our housing department also offers representation in all proceedings including reviews, appeals and judicial review proceedings relating to homelessness, disrepair, succession for tenants and neighbourhood disputes against local authorities.

If you have any housing related queries or require representation please do not hesitate to contact our team of expert solicitors on 0333 772 0409.


For all Housing related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.