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Suitable private rented sector offer? (Hajjaj v Westminster CC)

Published on: 25 November 2021
Published by: LexisPSL
  • Suitable private rented sector offer? (Hajjaj v Westminster CC)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Local Government analysis: Since the Localism Act 2011 amendments came into force, local housing authorities have been able to use offers of accommodation in the private rented sector to bring the main housing duty under section 193 of the Housing Act 1996 (HA 1996) to an end. An authority cannot approve a private rented sector offer unless it is satisfied that the accommodation is suitable for the applicant. The Court of Appeal held that the authority must be satisfied that none of the ten bars to suitability in Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 applies. They must be satisfied on the basis of evidence rather than assumptions. That does not mean that the authority must have first-hand evidence. ‘Satisfactory hearsay evidence may be enough.’ Written by Ian Peacock (who appeared for one of the respondent authorities) and Anneli Robins; both barristers at 4-5 Gray’s Inn Square. or take a trial to read the full analysis.

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