- Landlord and tenant—homelessness—accommodation pending review protection from eviction—interim injunctions—Coronavirus (COVID-19) (Merritt v Thurrock Council and Midos Management)
- What are the practical implications of this case for the forseeable future in light of the pandemic?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: The court dismissed an application by the homeless person, Ms Merritt (the claimant) for an interim injunction requiring the local authority and managing agent to re-admit them to the property. The claimant had been allowed to occupy the property pending a review of the local authority’s decision that it had discharged its housing duty towards them. The court held that there was no serious issue to be tried that the local authority had let or licensed the property to the claimant ‘as a dwelling’ as they were unable to distinguish the decision of the Supreme Court in R(N) v Lewisham. The court granted a cross-application from the managing agent for an interim injunction requiring the claimant to vacate the property, but suspended its operation until the expiry of the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (the 2021 Regulations). Written by Matt Hutchings QC, barrister at Cornerstone Barristers.
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