| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 124 (Apr) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Stuart Catchpole QC sitting as a deputy judge of the High Court (judgment delivered extempore) |
| Representation | Michael Paget (instructed by Duncan Lewis) for the claimant. |
| Dean Underwood (instructed by Legal Services Department, Hammersmith & Fulham London Borough) for the authority. | |
| Judgment Dates: | 25 April 2012 |
Catchwords
Housing - Local authority houses - Tenancy - Grant of tenancy - Claimant applying for discretionary tenancy under defendant local authority's housing allocation scheme - Claimant failing to provide all required documentation - Claimant's application being refused - Authority relying on claimant's violent and aggressive behaviour, underoccupation of property and rent arrears - Claimant making second application - Authority refusing to consider application on basis that grant already considered following first application - Whether that decision being unlawful - Whether first decision being decision on merits.
The Case
Housing Local authority houses. The Administrative Court, in dismissing the claimant's application for judicial review, held that the defendant local housing authority had not erred in refusing the consider the claimant's second application for a discretionary tenancy under it's Housing Allocation Scheme in circumstances where an application had already been considered on the merits and rejected.
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