||All England Reporter
|| All ER (D) 167 (Feb)
|| EWCA Civ 116
||Court of Appeal, Civil Division
Ward, Tuckey and Neuberger LJJ
||Kelvin Rutledge and Genevieve Screeche-Powell (instructed by Mark Norman) for the authority.
||Jamie Burton (instructed by Shelter Legal Services) for the defendant.
||11 February 2005
Housing - Homeless persons - Duty of local authority to provide accommodation - Temporary accommodation - Local authority seeking order for possession on basis that duty to house defendant ended - Validity of notice to quit - Judge finding authority remaining under duty to house defendant - Correctness of decision - , ss 193(7)(b), 202.
Where the claimant local housing authority had not fulfilled the statutory requirements under s193(7)(b) of the it had not ceased to be under a duty to house the defendant. However, where those requirements were later fulfilled, and the defendant had failed to appeal against that decision under s202 of the 1996 Act, the claimant had become entitled to seek possession of temporary accommodation granted to her.
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