Yusuf v London Borough of Lewisham [2015] EWCA Civ 1604 (17 December 2015)

Yusuf v London Borough of Lewisham [2015] EWCA Civ 1604 (17 December 2015)

There is an arguable point of principle that the local authority was required to consider the suitability of accommodation, including statutory overcrowding, when discharging its duty, regardless of whether the applicant raised the issue before vacating the property.

Citation
[2015] EWCA Civ 1604
Parties
Claimant/applicant: Yusuf; Defendant/defendant: London Borough of Lewisham
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Appeal Under Section 204 of the Housing Act 1996 / Permission to Appeal Granted by Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Statutory Overcrowding, Suitability of Accommodation, Local Authority Duties, Homelessness, Review of Housing Decisions
Housing Law Administrative Law Statutory Overcrowding Suitability of Accommodation Local Authority Duties Homelessness Review of Housing Decisions

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Parties

Yusuf

Claimant/applicant

London Borough of Lewisham

Defendant/defendant

Procedural Posture

Appeal Under Section 204 of the Housing Act 1996 / Permission to Appeal Granted by Court of Appeal

Legal Issues

  1. 1 Whether the accommodation provided was statutorily overcrowded under section 325 of the Housing Act 1985
  2. 2 Whether the reviewing officer was required to consider suitability of accommodation under section 206 and section 210(1) of the Housing Act 1996, even if not raised by the applicant
  3. 3 Whether failure to raise overcrowding before leaving the accommodation absolved the authority of its duty

Ratio Decidendi

There is an arguable point of principle that the local authority was required to consider the suitability of accommodation, including statutory overcrowding, when discharging its duty, regardless of whether the applicant raised the issue before vacating the property.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted to the applicant.