Unsuitable Housing in UK Law

Leading Cases
  • Awua v Brent London Borough Council
    • House of Lords
    • 06 Julio 1995

    I would therefore hold that the duty of the local housing authority to an unintentionally homeless person in priority need under section 65(2) is simply to secure that accommodation becomes available for his occupation. Otherwise it seems to me that the term for which the accommodation is provided is a matter for the council to decide.

  • Quick v Taff Ely Borough Council
    • Court of Appeal (Civil Division)
    • 29 Julio 1985

    As a matter of the ordinary usage of English that which requires repair is in a condition worse than it was at some earlier time.

  • Andrews v Schooling
    • Court of Appeal (Civil Division)
    • 21 Marzo 1991

    Thus, supposing that the owner of a plot of land instructs a builder to erect a dwelling-house on a plot. The builder erects the house but fails to include a damp course. I cannot conceive that Parliament could have intended that in those circumstances the builder would be free from any duty under sub-section (1). And what, I ask forensically, in those circumstances would be the need for the exception (and the exception to the exception) under sub-section (2)?

  • R (Aweys and Others) v Birmingham City Council
    • Queen's Bench Division (Administrative Court)
    • 26 Enero 2007

    In the vast majority of cases, the making of the application will mean that it is difficult if not impossible for the Council not to believe that the applicant may be homeless or threatened with homelessness. If it is apparent from what is said by an applicant (for there is no requirement that an application be in writing) or from anything in writing that he may be homeless or threatened with homelessness, the duty is triggered.

  • R Lindsay v London Borough of Lambeth
    • Court of Appeal (Civil Division)
    • 23 Julio 2002

    This can be encapsulated in the requirement that the scheme in question has a mechanism for identifying those with the greatest need and ensuring that so far as possible and subject to reasonable countervailing factors (for example, past failure to pay rent et cetera) they are given priority.

  • The Queen (on the application of Peter Gaskin) v Richmond Upon Thames London Borough Council (First Defendant) Lavender Hill & Wimbledon Magistrates' Court (Second Defendant)
    • Queen's Bench Division (Administrative Court)
    • 11 Diciembre 2017

    By the time the s 16 notice was served the Claimant had failed to pay the proper fee and was accordingly liable to prosecution. The HMO licensing regime established by Parliament in the 2004 Act clearly requires local housing authorities to have proper powers of inspection and enforcement, and a s 16 notice is an appropriate means of obtaining information with a view to enforcement.

  • Bole and another v Huntsbuild Ltd and another
    • Court of Appeal (Civil Division)
    • 20 Octubre 2009

    It is perhaps understandable that he used the phrase “unfit for purpose” in the light of paragraph 34 of the Law Commission report. I cannot, however, accept that there is any material error here. In my view, it is clear that the judge meant that defects which render a dwelling unfit for its purpose, are defects which render it unfit for habitation. The obvious purpose of a dwelling is for it to be occupied and inhabited safely and without inconvenience.

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Legislation
  • Housing Grants, Construction and Regeneration Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ... ... or F168caravan to meet the needs of the disabled occupant or, if there is no existing heating system F40there or any such system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet his needs;(j) facilitating the use by the disabled occupant of a source ... ...
  • Homelessness Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ... ... 7An Act to make further provision about the functions of local housing authorities relating to homelessness and the allocation of housing ... guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority; and(b) in the circumstances at the time ... ...
  • Housing Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ... ... if they are satisfied that—(a) he, or a member of his household, has been guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority; and(b) in the circumstances at the time his application is considered, he is unsuitable to be a tenant of the ... ...
  • The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2017
    • Scotland
    • 1 de Enero de 2017
    ... ... The Scottish Ministers make the following Order in exercise of the powers conferred by section 29(3) and (4) of the Housing (Scotland) Act 19871and all other powers enabling them to do so ... Citation and commencementCitation and commencement ... 1. This Order may be ... ...
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Books & Journal Articles
  • Editorial
    • No. 24-2, May 2020
    • Mental Health and Social Inclusion
    • 61-66
    ... ... that health inequalities arise from a complexinteraction of housing, income, education, employment and social isolation all of which ... healthchallenges are often living in poverty, in unstable and unsuitable housing; have little controlover their lives; have often had ... ...
  • Editorial
    • No. 67-4, December 2020
    • Probation Journal
    ... ... Drawing on the findings from their evaluation of a housing accom- modation project to provided supported housing for women at risk of ... find McCann a bed in approved premises and he had ended up in unsuitable housing that did not facilitate close monitoring and management (Grierson, ... ...
  • The Care of the Elderly
    • No. 37-10, October 1964
    • Police Journal: Theory, Practice and Principles
    ... ... Housing Unsuitable housing is sometimes a difficulty to the elderly ... ...
  • Mental health and housing: making the links in policy, research and practice
    • No. 4-4, December 2005
    • Journal of Public Mental Health
    • 21-28
    This article documents policy developments at local and national level in England that reflect a growing recognition of the role of housing and the built environment in promoting and maintaining me...
    ... ... High-rise accommodation in particular is often identified byusers – and particularly by carers – as unsuitable, yetpressure on housing stock means that often this is allthat is available ●younger adults, particularly in rural areas, will often‘sofa ... ...
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Law Firm Commentaries
  • Repurposing The High Street For Later Living
    • Mondaq UK
    ...It is estimated that every year, unsuitable housing costs the ... NHS '1.4 billion. Issues with cold, damp and hazards ... ...
  • How Can The Housing With Care Sector Achieve Its Potential? (Video)
    • Mondaq UK
    ... ... there can also be problems.  ... Both in terms of people staying in unsuitable housing.  For ... example, the Centre for Aging Better has done really good reports ... on that.  The number of older people who are still living ... ...
  • Royal Academy Of Engineers Publishes Report On The Sustainability Of Biofuels
    • JD Supra United Kingdom
    On July 14, 2017, the Royal Academy of Engineering (Academy) published a report on the sustainability pros and cons of biofuels, which was commissioned by the Department of Transport and the Depart...
    ... ... , and to incentivize the use of marginal land, such as land unsuitable for food production or housing, for the production of biofuels.  The ... ...
  • Office To Residential - The New Permitted Development Rights
    • Mondaq United Kingdom
    ... ... of commercial premises will be outweighed by the benefit of new housing units, additional construction output and jobs ... The Reaction ... have been raised about the prospect of housing people in unsuitable accommodation and conflicts of land uses where residential property is ... ...
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Forms
  • Application for a determination as to whether a dwelling house is suitable for occupation by elderly persons
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to the Residential Property First-tier Tribunal.
    ... ... Paragraph 11 to Schedule 5 of the Housing Act 1985 (as amended) ...   ... It is important that you ... and information about your home which you believe makes it unsuitable for occupation by the elderly and which you believe the Tribunal should be ... ...
  • Notice of application to consider the financial position of the respondent after divorce / dissolution
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... a letter from an officer employed by a local authority or housing association ... (or their equivalent in Scotland or Northern Ireland) for ... the mediator has determined that mediation is unsuitable; or ... the respondent did not wish to attend a MIAM ... Both the ... ...
  • Form A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... a letter from an officer employed by a local authority or housing association ... (or their equivalent in Scotland or Northern Ireland) for ... the mediator has determined that mediation is unsuitable; or ... the respondent did not wish to attend a MIAM ... Both the ... ...
  • Family mediation information and assessment meeting form
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... a letter from an officer employed by a local authority or housing association ... (or their equivalent in Scotland or Northern Ireland) for ... the mediator has determined that mediation is unsuitable; or ... the respondent did not wish to attend a MIAM ... Both the ... ...
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