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Christine Cooper
Christine Cooper
Field Court Chambers
Emma Godfrey
Emma Godfrey
Field Court Chambers
Rebecca Davies
Rebecca Davies
Barrister
Field Court Chambers
Rebecca Handcock
Rebecca Handcock
Barrister
Field Court Chambers
Contributions by Field Court Chambers Experts

140

Homelessness in Wales—interim duties
Homelessness in Wales—interim duties
Practice notes

This Practice Note covers the interim duties owed by a local housing authority (LHA) in Wales toward those presenting as homeless. It covers when interim duties occur, the need to provide immediate accommodation in certain circumstances and when the interim duty is discharged.

Homelessness—interim duties
Homelessness—interim duties
Practice notes

This Practice Note covers the interim duties that a local housing authority (LHA) has to provide accommodation to a homeless applicant pending completion of its initial enquiries into the applicant’s circumstances pursuant to section 188 of the Housing Act 1996 (HA 1996). It also covers the power to accommodate pending an HA 1996, s 202 review and HA 1996, s 204 appeal of an unfavourable decision for the applicant.

Homelessness—suitability of accommodation
Homelessness—suitability of accommodation
Practice notes

This Practice Note covers the concept of suitability of accommodation in the context of Homelessness. It sets out guidance upon the standards applicable to accommodation offered by a local housing authority in discharge of its housing duty under Part VII of the Housing Act 1996 (HA 1996), including the question of how suitability is assessed, factors to be assessed, the impact of the public sector equality duty and tenure.

Homelessness—the meaning of the terms ‘homelessness’ and ‘threatened homelessness’
Homelessness—the meaning of the terms ‘homelessness’ and ‘threatened homelessness’
Practice notes

This Practice Note considers the definitions of the terms ‘homeless’ and ‘threatened with homelessness’ as set out in section 175 of the Housing Act 1996 (HA 1996). Where a local housing authority (LHA) believes that a person is homeless or may be threatened with homelessness, it has a duty to make inquiries into their eligibility for homelessness assistance and into what housing duty (if any) is owed to them under HA 1996.

Homelessness—the review and appeal procedures
Homelessness—the review and appeal procedures
Practice notes

This Practice Note covers the law and guidance on the homelessness review and appeals procedure which applies once a local housing authority has reached a decision under section 184 of the Housing Act 1996 (HA 1996) regarding the duty it owes to a homeless applicant. This includes a summary of the decisions which can be reviewed, how that review takes place, the time limits for requesting review and guidance upon the appeals procedure which applies in respect of reviewable decisions.

Following eviction of the registered owner of a property pursuant to a court order for sale and possession, does the party with possession become liable for council tax for the period between eviction and completion of sale to any subsequent purchaser?
Following eviction of the registered owner of a property pursuant to a court order for sale and possession, does the party with possession become liable for council tax for the period between eviction and completion of sale to any subsequent purchaser?
Q&As

Following forfeiture by peaceable re-entry, if the lease contains a clause to say that the landlord can dispose of any items left behind as they see fit, is this sufficient for the landlord to rely on or does a torts notice need to be served?
Following forfeiture by peaceable re-entry, if the lease contains a clause to say that the landlord can dispose of any items left behind as they see fit, is this sufficient for the landlord to rely on or does a torts notice need to be served?
Q&As

Following termination by the licensor of a commercial licence to occupy, the licensee has remained in occupation for 14 months, paying rent to the licensor. The parties have been actively negotiating a new lease. The licensee argues that it has security of tenure. What is the nature of the licensee’s occupation of the property?
Following termination by the licensor of a commercial licence to occupy, the licensee has remained in occupation for 14 months, paying rent to the licensor. The parties have been actively negotiating a new lease. The licensee argues that it has security of tenure. What is the nature of the licensee’s occupation of the property?
Q&As

Has there been any guidance or case law to clarify the interpretation of the word ‘promote’ as set out in section 58 of the Housing Associations Act 1985?
Has there been any guidance or case law to clarify the interpretation of the word ‘promote’ as set out in section 58 of the Housing Associations Act 1985?
Q&As

How are rents under assured tenancies and assured shorthold tenancies provided by private registered providers regulated?
How are rents under assured tenancies and assured shorthold tenancies provided by private registered providers regulated?
Q&As

How are rents under the Rent Act 1977 tenancies provided by private registered providers regulated?
How are rents under the Rent Act 1977 tenancies provided by private registered providers regulated?
Q&As

How can a cohabitee establish a beneficial interest in property?
How can a cohabitee establish a beneficial interest in property?
Q&As

How can one prove devolution of title to HM Land Registry for an heir to land under a conveyance of land to an individual and their heirs from 1842?
How can one prove devolution of title to HM Land Registry for an heir to land under a conveyance of land to an individual and their heirs from 1842?
Q&As

If a 16-year-old who had been provided with section 20 of the Children Act 1989 (ChA 1989) accommodation ceases to consent to its provision, can those with parental responsibility remove it pursuant to ChA 1989, s 20(7)(8) or can the child leave themselves?
If a 16-year-old who had been provided with section 20 of the Children Act 1989 (ChA 1989) accommodation ceases to consent to its provision, can those with parental responsibility remove it pursuant to ChA 1989, s 20(7)(8) or can the child leave themselves?
Q&As

If a group of tenants serve an invalid collective enfranchisement notice on the landlord under the Leasehold Reform, Housing and Urban Development Act 1993 and subsequently serve a second notice correcting the error, what are the costs consequences for the tenants? Will the tenants be liable for the landlord’s costs incurred in relation to the invalid notice?
If a group of tenants serve an invalid collective enfranchisement notice on the landlord under the Leasehold Reform, Housing and Urban Development Act 1993 and subsequently serve a second notice correcting the error, what are the costs consequences for the tenants? Will the tenants be liable for the landlord’s costs incurred in relation to the invalid notice?
Q&As

If a local authority has a secure tenant that has likely acquired the ‘right to buy’, is the local authority under any obligation to offer the property first to the tenant prior to selling the freehold on an open market?
If a local authority has a secure tenant that has likely acquired the ‘right to buy’, is the local authority under any obligation to offer the property first to the tenant prior to selling the freehold on an open market?
Q&As

If a periodic tenancy starts on first of the month and a notice was served by pushing it under the tenant’s door on 1 June after 5pm requiring possession on 31 July, would this be deemed sufficient notice?
If a periodic tenancy starts on first of the month and a notice was served by pushing it under the tenant’s door on 1 June after 5pm requiring possession on 31 July, would this be deemed sufficient notice?
Q&As

If a respondent to an application for a non-molestation order is out of the country on the date listed for a return date, what is the correct procedure to apply for an adjournment? Does it have to be a formal application or would a letter to the court suffice?
If a respondent to an application for a non-molestation order is out of the country on the date listed for a return date, what is the correct procedure to apply for an adjournment? Does it have to be a formal application or would a letter to the court suffice?
Q&As

If a right to occupy property has only been created orally, not in writing, can it still constitute a lease?
If a right to occupy property has only been created orally, not in writing, can it still constitute a lease?
Q&As

If a tenant who has a Rent Act tenancy (via succession from a family member who was the original tenant) dies and their spouse takes on the same regulated tenancy, is this counted as a second succession for the purposes of the Rent Act 1977? If the spouse then dies, is a family member entitled to succession to the same tenancy on the basis that they have been living with the deceased spouse or would this be a third succession?
If a tenant who has a Rent Act tenancy (via succession from a family member who was the original tenant) dies and their spouse takes on the same regulated tenancy, is this counted as a second succession for the purposes of the Rent Act 1977? If the spouse then dies, is a family member entitled to succession to the same tenancy on the basis that they have been living with the deceased spouse or would this be a third succession?
Q&As

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