Blog: Friday 6th December 2024 - Capsticks, Corporate Partner

Housing Law Update – How Recent Case Law has affected Local Authorities and the Homeless

Duties owed by Local Authorities to people experiencing homelessness have never been harder to sustain. The Ministry of Housing, Communities & Local Government’s report on statutory homelessness in England: April to June 2024 reported that 45,980 households were initially assessed as homeless, up 13.8% from the same quarter last year. With levels of homelessness increasing year on year, the resources available to Local Authorities to discharge their duties to people experiencing homelessness are being increasingly stretched.

This was seen no more clearly than in Webb-Harnden v Waltham Forest LBC [2023], where the court dismissed the contention that the Local Authority's policy of offering private sector tenancies discriminated against those subject to the benefit cap. A Local authority reviewing officer has had due regard to the matters specified in the Equality Act 2010 s.149 in deciding that the offer of private out-of-borough accommodation to a homeless single mother was reasonable and suitable and the Local authority's decision to discharge its duty under the Housing Act 1996 s.193(2) by arranging that offer was lawful. Despite being successful in their defence, Local Authorities must be aware of the possibility of claims being brought against them by tenants based on the suitability of their accommodation relative to the tenant’s financial situation.  

The case of R. (on the application of Ahamed) v Haringey LBC [2023] was a significant ruling in relation to the application of the Housing Act s.193 and the duty of Local Authorities to provide suitable accommodation to the unintentionally homeless. A person might be "homeless" and so owed the primary housing duty under s.193, despite having "suitable accommodation available for occupation" and "a reasonable prospect" of retaining it for at least six months within the meaning of s.189B(7)(a). Whilst this did not apply to Ms Ahamed on the facts, Local Authorities should still be vigilant about the duties owed to tenants, despite them being provided with accommodation.

In R. (on the application of Pickford) v Sandwell MBC [2024], a homeless claimant applied for judicial review of the defendant Local Authority's provision of suitable interim accommodation. The court ruled that the Local Authority was in breach of its statutory duty to provide suitable interim accommodation under the Housing Act 1996 s.188 to a claimant and her son, to whom the Homelessness (Suitability of Accommodation) (England) Order 2003 applied, who had been placed in B&B accommodation for six months prior to a decision on their homelessness application. Local Authorities should be reminded by this case of their obligation to provide appropriate interim accommodation to people without homes.

These cases ultimately highlight the desperate need for housing and the challenges Local Authorities can face. They emphasise the often complex and ongoing duties of Local Authorities in dealing with homelessness.

At Capsticks, we are dedicated to being the firm of choice in providing advice and assistance regarding Appeals to the County Court, or challenges by way of Judicial Review. For further information and assistance please get in touch with our Legal Director, Daniel Fitzpatrick.