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.

Supreme Court finds funding pressures don’t excuse local authority failure to comply with duty to accommodate homeless in R (Imam) v LB Croydon

The Supreme Court in R (Imam) v London Borough of Croydon has unanimously held that general funding pressures are not an excuse for non-compliance with a local authority's duty under s193(2) of the Housing Act 1996 to provide suitable accommodation to a homeless individual. However, the court should consider a local authority's resources and extent of its housing portfolio when deciding whether to grant a mandatory order rather than some other relief.