Our client originally instructed us in relation to a section 21 notice they had received from their landlord. In addition, the property was not reasonable for them to occupy. It was affected by severe disrepair and infestations. We considered the section 21 notice to be valid and advised our client to apply to their local authority for homeless assistance. The local authority, awarded the Prevention Duty but later discharged it as they found the property to be reasonable to occupy and the family not to be at risk of homelessness.
We requested a review of this decision and subsequently made representations that the property was not reasonable to occupy for the family and also not available to them due to the valid section 21. The Local Authority considered our representations and in light of these awarded the Relief Duty. We subsequently considered the Personal Housing Plan, and found the steps to be taken not appropriate to this case. We sought a review of the steps set out in the PHP and we were successful in requesting that the Local Authority remove the unreasonable steps.
After 56 days had lapsed following the award of the Relief Duty, we sought an update from the Local Authority who later confirmed that they had awarded our client the Main Housing Duty under s.193 Housing Act 1996. This is a great outcome for our client and her family, as the local authority now have a duty to secure them suitable accommodation.
