AB had a tenancy with a housing association where she lived with her four children. Her household included a vulnerable teenage daughter. Her daughter suffered with poor mental health and became pregnant. Following threats of domestic violence from the father of her daughter’s child, AB and her family had to flee their home.
AB submitted a homeless application to her local authority who accepted the relief duty and offered private rented accommodation in a different council area. Due to the urgency of her situation, she accepted the offer. However, shortly after moving in, she discovered significant disrepair in the property including electrical and heating issues, broken windows, damp and mould. Due to the mould at the property, members of the family suffered respiratory issues requiring attendance at A&E.
When AB reported the disrepair to the council, they responded by issuing a decision letter stating that the relief duty had been discharged on the grounds that the accommodation was suitable and available for at least 12 months. Unfortunately, AB did not request a s.202 review at the time, and by the time she sought our assistance, several months had already passed since the discharge of duty decision.
We made a formal complaint regarding what we considered to be maladministration by the council in the handling of our client’s initial homeless application. Additionally, we sought to have the council accept a second homeless application on the basis that our client was homeless as the property was unsuitable due to its poor condition. We obtained a surveyor’s report and arranged for the council’s EHO to inspect the property and serve hazard notices on the landlord. After sending a pre action letter and supplying evidence of the condition of the property, the council accepted that the accommodation was not sufficiently suitable for our client to continue occupying. A relief duty was subsequently issued and steps are now being taken to secure suitable accommodation for our client and her family.
AB was represented by Claire Wiles, Joint Head of the Housing Team.
