Source: All England Reporter
Publisher Citation: [2005] All ER (D) 167 (Feb)
Neutral Citation: [2005] EWCA Civ 116
Court: Court of Appeal, Civil Division
Judge:

Ward, Tuckey and Neuberger LJJ
Representation Kelvin Rutledge and Genevieve Screeche-Powell (instructed by Mark Norman) for the authority.
  Jamie Burton (instructed by Shelter Legal Services) for the defendant.
Judgment Dates: 11 February 2005

Catchwords

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.

The Case

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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