Dewa v Westminster City Council [2002] EWHC 320 (Admin) (13th March, 2002)

Dewa v Westminster City Council [2002] EWHC 320 (Admin) (13th March, 2002)

Section 352 of the Housing Act 1985 empowered the Council to serve a notice requiring works to physically amalgamate rooms 13 and 15A to provide the claimant with access to cooking facilities, as the absence of such access rendered the premises not reasonably suitable for occupation, regardless of the overall number of cooking facilities in the building.

Citation
[2002] EWHC 320 (Admin)
Parties
Claimant: Mgoli Dewa; Defendant: Westminster City Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Local Authority Powers, Houses in Multiple Occupation, Statutory Interpretation, Judicial Review, Proportionality, European Convention on Human Rights
Housing Law Administrative Law Human Rights Local Authority Powers Houses in Multiple Occupation Statutory Interpretation Judicial Review Proportionality +1 more

Case Brief

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Parties

Mgoli Dewa

Claimant

Westminster City Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council had power under section 352 of the Housing Act 1985 to require the landlord to carry out works amalgamating two rooms to provide the claimant with access to cooking facilities
  2. 2 Whether the Council's refusal to serve such a notice was lawful and proportionate

Ratio Decidendi

Section 352 of the Housing Act 1985 empowered the Council to serve a notice requiring works to physically amalgamate rooms 13 and 15A to provide the claimant with access to cooking facilities, as the absence of such access rendered the premises not reasonably suitable for occupation, regardless of the overall number of cooking facilities in the building.

Court Disposition

Claim allowed

Orders

  • Council's decision quashed
  • Declaration that Council has power to serve notice under section 352