From first appearance our client had the main homeless duty discharged in 2021 when she accepted a private rented sector offer and her housing waiting list account was closed. However, our client received no letter notifying her of the discharge of the homeless duty after she accepted the private housing. There were also substantial issues with the discharge of the homeless duty, for example the private sector offer letter did not comply with the requirements as per Norton v London Borough of Haringey (2022) EWCA Civ 1340. Our client remained in the private sector discharge accommodation.
These issues were realised when assisting our client with another housing matter. We wrote to the original council to request that they recognised the homeless duty was never properly discharged and to reinstate her housing waiting list account with her previous priority. This was refused and judicial review proceedings were issued. During the proceedings the judgment in the case of Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin) was handed down, which had relevant findings regarding cases where no letter confirming discharge of the homeless duty is sent after the private sector offer letter.
The parties were able to settle the proceedings by agreement, which involved the council recognising that they did not discharge the homeless duty and that they would reinstate her housing waiting list account as if her priority had never been interrupted.
We were greatly assisted in this matter by counsel Nick Bano of Garden Court Chambers.
