R (oao Bano) v LB Waltham Forest
AND
(1) Shelter (intervener 1);
(2) SHLA (intervener 2) and
(3) 13 London Local Housing Authorities
Nick Grundy KC, leading Michael Mullin and Joseph Mahon on behalf of the Respondent London Borough of Waltham Forest (LBWF) and Millie Polimac on behalf of the 2nd and 3rd Interveners (SHLA and 13 London Local Housing Authorities (“LHAs”)) were successful in resisting this appeal by Mrs Bano.
The principal issue in the case was whether, in order to bring the Main Housing Duty (under the Housing Act 1996, Part 7, s. 193) to an end, an LHA must notify a homeless applicant that the LHA considers that that duty has ended? Nick, Michael and Joe for LBWF, and Millie for the 2nd and 3rd interveners, argued that the duty ends on the occurrence of one of the events set out in s. 193 and further notice is not required.
The Supreme Court accepted and adopted those arguments and unanimously upheld the dismissal of the appeal by the Court of Appeal; where Michael and Joe had successfully represented LBWF.
The Judgment provides certainty for LHAs. It also confirms that if any offer of accommodation causing cessation of the Main Housing Duty does not precisely meet the statutory requirements of such offer (e.g. the offer letter does not include the information required under s. 195A) and the Applicant does not request a review within the 21-day time period the duty ceases nonetheless: see e.g. Judgment [100].
Members of the Five Paper housing and public law teams regularly appear in cases at the cutting edge of homelessness law from the County Court to the Court of Appeal and Supreme Court.