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Housing Solicitors

London Borough of Barnet Failure to Comply with Housing Law (10 May 2019)

Date: 10/05/2019
Duncan Lewis, Housing Solicitors, London Borough of Barnet Failure to Comply with Housing Law

Zuhal Saglam, a housing solicitor based in our Dalston office, acted on behalf of a client who along with her three children, had become homeless upon being evicted by her landlord further to a serious road traffic accident. Upon approaching the London Borough of Barnet, our client and household were housed in an emergency accommodation located two hours away from family support and her children’s school during GCSE exams period. The family lived in a detrimental accommodation for over six months due to the local authority’s failure to comply with housing law.

Background of Case

The family were housed in November 2018 by the local authority and were wrongly advised by their housing officer that a new homeless application was made on their behalf and thus within 56 days the authority would be making a decision on their homeless application. The housing officer further incorrectly advised our client that the accommodation offered was their emergency accommodation which they will only occupy for a maximum of 4-6 weeks.

The local authority failed to make a suitable offer to our client and make a decision on their homeless application and so our client sought legal assistance. Despite sending various letters to the local authority we received no response. We therefore sent a letter before action to the authority threatening with Judicial Review, seeking to challenge the authority’s failure to make a decision on whether a main housing duty is owed after the relief duty period ending, as well as the failure of the authority to notify our client in writing that the period had ended.

The local authority’s response to our letter before action was that their duty towards our client was ongoing since 2010 thus the property offered was our client’s temporary accommodation and no fresh homeless application was made. The authority stated that the only way to challenge the suitability of the accommodation was to request a formal review under section 202 of the Housing Act 1996.

The children’s education had already been disrupted and our client’s health conditions had deteriorated. The timeframe for a section 202 review to conclude would have taken a further two to three months which would have meant that our client and children would have suffered further detriment. We therefore disregarded the section 202 review process and sent a further threat for a potential claim for Judicial Review.

On this occasion we were challenging the following:


  1. The authority’s failure to put in writing that the authority had an ongoing duty and the property offered was her temporary accommodation.

  2. The authority’s failure to advise our client properly on her housing matter and her right for a review on the suitability of her accommodation.

  3. The authority’s failure to secure suitable accommodation given her health conditions, medical evidence and submissions from solicitors.

  4. The authority’s failure to take into account Children Act 2004


Within 14 days the local authority responded to our letter before action stating the following:

“This authority accepts that your client’s current accommodation is not suitable and as such will facilitate a move to suitable temporary accommodation. In line with the suitability assessment, medical recommendations by our medical assessment team a suitable accommodation will be offered accordingly.

“We aim to move your client as soon as possible and to facilitate this, your client’s details have been placed on the urgent transfer list and she will be moved as soon as practicably possible.”


Housing Law & Code of Guidance

Where the local authority is satisfied that the applicant has a priority need and has become homeless unintentionally, the relief duty comes to an end after 56 days (section 189B (4)). Local authorities should not delay completing their inquiries as to what further duties will be owed after the relief duty.

Section 189B (7) provides the circumstances in which the local authority can give notice under section 189B (5) to the applicant bringing the relief duty under section 189B (2) to an end. The notice must specify which of the circumstances in section 189B (7) apply and inform the applicant that they have right to request a review of the authority’s decision.

The local authority has a duty to provide advice and information about homelessness, the prevention of homelessness, and the rights of homeless people or those at risk of homelessness, as well as the help that is available from the local authority or others and how to access that help.

Under the main housing duty, local authorities must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. Accommodation must always be ‘suitable’.

Local authorities must provide written notifications to applicants when they reach certain decisions about their case, and the reasons behind any decisions that are against the applicant’s interests. Applicants can ask the housing authority to review most aspects of their decisions, and, if still dissatisfied, can appeal to the county court on a point of law.

Summary

Had our client been advised properly in November 2018, a section 202 review would have been requested immediately and our client would have been occupying a suitable accommodation by now, having access to her support services and her children’s education would not have been disrupted significantly.

Zuhal Saglam acted on behalf of the client in this matter. Zuhal has experience in handling housing matters and regularly deals with cases involving Homelessness, Disrepair, Possession Proceedings and Eviction. She has particular expertise in Section 202 Reviews, Section 204 Appeals, Unlawful Eviction and Possession Proceedings.

To contact Zuhal, call 020 7923 8408 or email her at zuhals@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.


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