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Homelessness and Allocations 12th Edition

Homelessness and Allocations 12th Edition

Author: Andrew Arden QC; Justin Bates
Publisher: Legal Action Group
ISBN: 9781913648237

Previous Edition ISBN: 9781912273027
Published In: July 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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... an indispensable commentary on and guide to a complex and fast-moving area of the law: a must-have for academics, specialist practitioners and busy local government officers alike. - Solicitors Journal

Since publication of the first edition nearly 40 years ago, Homelessness and Allocations has established itself as the definitive guide to the rights of the homeless. It combines an unrivalled historical overview with a clear, concise and user-friendly approach to this complex area of law.

Homelessness and Allocations was first published after the Housing (Homeless Persons) Act 1977 brought new duties towards the homeless into force, since when it has recorded and analysed development of this area of the law, while the authors have contributed to, and helped to shape, its development acting between them in cases up to and including the highest courts from the earliest days of the new law to the present time.

Contents include:

The policy of the provisions
The provisions in outline
Immigration
Homelessness
Priority need
Intentional homelessness
Local connection
Protection of property
Homelessness decisions
Discharge of duties
Allocations
Enforcement
Other statutory provisions
Strategy, practice, aid and advice
Criminal offences

The policy of the provisions

The provisions in outline

Immigration

Homelessness

Priority need

Intentional homelessness

Local connection

Protection of property

Homelessness decisions

Discharge of duties

Allocations

Enforcement

Other statutory provisions

Strategy, practice, aid and advice

Criminal offences

Appendices include the key English legislative provisions in consolidated form and principal guidance.

Chapter 12 includes a useful set of precedents for practitioners.

The twelfth edition has been updated to cover:

the extensive changes to the law on eligibility made by Brexit; covering both the pre- and post-Brexit position, the transitional scheme applicable for those with (or entitled to) settled status and the extensive new statutory guidance.

the forthcoming changes made by the Domestic Abuse Act 2021 (priority need for survivors of domestic abuse), introducing duties on local authorities to develop a ‘domestic abuse strategy’, which will likely include provision of refuge accommodation.

developments arising out of the pandemic, including R (Ncube) v Brighton & Hove City Council [2021] EWHC 578 (Admin) on the use of alternative powers where claimants are excluded from Part 7, which will continue to be relevant once the pandemic has passed.

the changes to both the English and Welsh Codes of Guidance necessitated by the pandemic.

Other important cases include:

R (Z) v (1) Hackney LBC (2) Agudas Israel Housing Association Ltd [2020] UKSC 40 (allocations, Equality Act 2010)

R (Flores) v Southwark LBC [2020] EWCA Civ 1697 (allocations)

R (Nolson) v Stevenage BC [2020] EWCA Civ 379 (procedure on interim relief)

Al Ahmed v Tower Hamlets LBC [2020] EWCA Civ 51 (extension of time for bringing an appeal)

McMahon v Watford BC; Kiefer v Hertsmere BC [2020] EWCA Civ 497 (Equality Act 2010 and homelessness)

James v Hertsmere BC [2020] EWCA Civ 489 (contracting out functions)

XXX v Camden LBC [2020] EWCA Civ 1468 (anonymity in allocations challenges)

Stanley v Welwyn Borough Council [2020] EWCA Civ 1458 and Ngnoguem v Milton Keynes Council [2021] EWCA Civ 396 (consequences of a late s202 review decision)

R (M) v Newham LBC [2020] EWHC 327 (Admin) (time for discharging s193(2) duties)

R (Idolo) v Bromley LBC [2020] EWHC 860 (Admin) (Care Act 2014 and interaction with Housing Act 1996 Pt 7)

R (Mitchell) v Islington LBC [2020] EWHC 1478 (Admin) (discharge of the s189B(2) duty)

Homelessness and Allocations is essential reading for housing lawyers and advisers, local authority housing and homelessness officers and housing associations seeking authoritative, accurate and accessible guidance on local authority duties and the rights of the homeless.