News

Duncan Lewis’ Housing Law team is pleased to have assisted a homeless clients in an appeal, which concluded positively. 

In 2022, our client contacted the London Borough of Ealing for homelessness assistance following a devastating eviction. Despite several months passing, Ealing Council had not contacted her to inform her on the progress of her homelessness application or provide advice on resolutions regarding the unsuitability of her temporary accommodation. Understandably, the prolonged uncertainty and unsuitable living conditions caused our client significant stress and she was in dire need of legal expertise from our team to voice her concerns.

In March 2023, our client initially instructed us to help her obtain a decision on her homelessness application. With her consent, we contacted the Council’s Housing Advice Team to obtain this information. The Housing Solutions Team Manager provided the main housing duty letter dated 19 December 2022. We also secured an extension to request a suitability review on her behalf.

In our written representations we explained how our client’s temporary accommodation was unreasonable for her and her children to continue to occupy due to overcrowding. Our client and her two daughters shared one room whilst her oldest son slept on a very small mattress inside the kitchen. Our client was unable to store a bed in the kitchen, which was very small. Her teenage son had no privacy as other family members required kitchen facilities. It was an impracticable environment for him to revise for upcoming GCSEs. Furthermore, visitors were unable to stay over due to the tight space, which caused discomfiture for our client.

The decision maker did not consider the unsuitability of the property’s location. The decision maker also did not complete adequate enquiries regarding the affordability of the accommodation.

Ealing Council issued a Minded to letter, maintaining that our client’s temporary accommodation was suitable. The decision gave enabled us to submit further written representations. In response to our second representations Ealing Council issued its final review decision in August 2023.

The adverse decision prompted our client to exercise her right to appeal. We instructed Counsel Ms Siân McGibbon of Landmark Chambers to prepare grounds of appeal which focused overcrowding, affordability and location issues. During the course of the appeal, Counsel expanded these grounds, which were incorporated into the skeleton argument.

Fortunately, our client’s case did not proceed to a hearing as the Council decided to withdraw the review decision of August 2023 and agreed to complete a new homelessness review.  This successful outcome underscores the vital role of skilled legal intervention in ensuring fair treatment and thorough consideration of homelessness applications.

Our Housing Solicitors have a wealth of knowledge and extensive experience in all housing law matters. Please do not hesitate to contact Duncan Lewis Housing Solicitors on 0333 772 0409 for assistance.

Duncan Lewis’ Housing Team

Duncan Lewis' Housing team, ranked by The Legal 500 directory as a Top Tier practice for its services, offers both publicly funded (legal aid) and privately funded legal services from 14 key offices nationwide. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in unlawful eviction, disrepair and homelessness matters the team offers representation in all proceedings including reviews, appeals and judicial review proceedings.

About the Author

Miranda Quashie is a Trainee Solicitor in the Housing department at Duncan Lewis Solicitors. Miranda is instructed on a variety of publicly and privately funded social housing matters concerning challenges to housing authorities, such as homelessness (including reviews and appeals to the County Court), suitability review cases, housing litigation matters, eviction and possession proceedings, disrepair, harassment and injunction proceedings and judicial review applications