LexisNexis publishes a case analysis of Fatolahzadeh v London Borough of Barnet, in which Genevieve Screeche-Powell acted for the local authority that successfully defended a section 204 of the Housing Act 1996 (HA 1996) appeal brought by a homeless applicant.
The case raised the following important points of principle: (i) whether parliament intended an alleged breach of the ‘new’ HA 1996, s 189A duties totally invalidate any subsequent decision to fulfilling its duty to secure suitable accommodation; (ii) the significance of the role of the s. 202 review process in curing alleged deficiencies.
This is the 1st time that the Court of Appeal has had to consider the nature and impact of the HA 1996, s 189A duties on the lawful performance of the HA 1996, s 195 prevention duty in s 204 appeal proceedings.
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