Publications

LexisNexis case analysis: Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v London Borough of Barnet)

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.

Max Thorowgood

Where now for the ‘right’ to park ? Stenner v Teignbridge DC [2025] UKUT 204 (LC)

In Stenner v Teignbridge DC [2025] UKUT 204 (LC) the Applicant claimed a right to store boats on a small part of the Respondent Council’s car park during the winter months. The application was confined to the small area of land said to be subject to the right and for a limited period, 1st October to 31st May. The FTT (Colin Green) rejected the application on the basis that the ouster principle was engaged and that the right claimed effectively denied the servient owner any reasonable use of the land subject to the right during the period in respect of which it was claimed.