Adrian Davis makes two appearances in Court of Appeal in May

11 June 2013

Jehan Mohammed v Islington LBC (21 May 2013)

The issue was whether Ms Mohammed had priority need for accommodation under s.189 of the Housing Act 1996. In addition to various medical conditions, she suffered from frequent episodes of fainting during which she was left defenceless. In its review decision letter Islington found Ms Mohammed not to be in priority need for accommodation. She successfully appealed the review decision in the county court. Islington then appealed to the Court of Appeal.

Dismissing Islington’s appeal, their Lordships held that the authority had failed to evaluate two keys aspects of Ms Mohammed’s condition, namely (i) the effect of street homelessness on her fainting episodes; and (ii) the effect of her fainting episodes on her ability to cope when street homeless. Therefore, held their Lordships, the county court judge had not erred in quashing the review decision, and Ms Mohammed’s homeless application was remitted back to Islington for a fresh review decision. Adrian appeared for Ms Mohammed.

Caroline Francis v (1) Brent Housing Partnership (2) Brent LBC & (3) Williams  (7 May 2013)

In this appeal the issue was whether Ms Francis had retained a tenancy of the material property when she was decanted out of it in 2005 (and to which she had never returned) by virtue of (i) the terms of a written agreement made between her and Brent LBC and/or (ii) various provisions of Schedule 11 of the Housing and Regeneration Act 2008.

After a two day preliminary issue hearing at the Central London County Court the judge held that Ms Francis had not retained a tenancy of the property.

Ms Francis then appealed to the Court of Appeal and the appeal was heard on 7 May. Their Lordships have reserved their judgment and so the decision of the Court of Appeal is currently awaited. Adrian appeared for Ms Williams.