Homelessness case successfully settled for elderly disabled lady

Contact

Muna Adam

Table of Contents

Ms X, whose details are anonymised to protect her privacy, had been living in a privately rented one-bedroom flat for over ten years. Her landlord passed away and the property was to be sold.

Over the years, Ms X’s health had sadly deteriorated and she suffered from multiple physical and mental health conditions. Ms X could only walk a short distance on double crutches and relied on adaptations within her home, such as grab rails. She could not manage any stairs at all. She was also reliant on her local support network for daily activities such as buying groceries.

Ms X was served a possession order and directly made a homelessness application to her local authority in June 2022. The local authority accepted an initial duty to take steps to help relieve her homelessness and provided her with a Personalised Housing Plan. Ms X carried out all the steps on her housing plan.

Ms X approached us in September 2022, after she had made numerous attempts to contact her local housing authority about her homelessness application, without success.

We wrote two letters, with detailed information and supporting evidence of her medical needs, to the local housing authority. We requested that it make a final decision on Ms X’s homelessness application and accept a main housing duty to her. A main housing duty is a duty to provide suitable non-temporary accommodation.

In November 2022, the local housing authority advised that Ms X’s original housing officer had left the local housing authority. Nobody had previously told Ms X this or reallocated her case to a different housing officer. Her case was reallocated and a main housing duty was accepted.

In mid-November 2022, Ms X was served a Notice of Eviction requiring her to leave her home in the first week of December 2022. We wrote directly to the local housing authority advising that they urgently needed to provide level or lifted-access accommodation for Ms X, within borough and again referred to all the evidence of her needs. Over the next week or so, Ms X had a telephone assessment and was asked to fill in a detailed medical assessment form, which she did. Numerous housing officers were now involved in her case, none of whom had previously been involved.

Approximately two weeks before her eviction date, Ms X was offered temporary accommodation. The housing officer who made the offer could not tell Ms X whether there were any stairs up to the property and said she had not seen any of the medical evidence Ms X had previously provided. The rent was also more than the local housing allowance rate, meaning it was unaffordable for Ms X.

We wrote urgently to the local housing authority asking it to withdraw its offer and urgently find accommodation for Ms X that was suitable for all her needs. Over the next week we sent several letters and had numerous phone calls with the legal department as well as taking steps, such as instructing a barrister, to issue an urgent claim for judicial review.

Less than a week before her eviction date, the local housing authority finally made a suitable offer to Ms X – a one-bedroom flat in a new-build block of flats, with a lift, within borough. Her landlord would be a social housing association, meaning that she could stay there for life. Ms X happily accepted the offer. The local housing authority provided assistance with the move. One particular highlight for Ms X is that the building has a roof garden, and she can now independently and freely access fresh air.

Share this article

Contact Muna today

Email us Send us an email and we’ll get back to you

    • [honeypot quickcontact-mobile id:quickcontact-mobile]






    • The social housing team at Osbornes is led by William Ford, a ‘standout‘ expert in all aspects of social housing who is ‘involved in cutting-edge cases in the higher courts as well as invaluable frontline work'

      Legal 500 2024

    • "She will always fight her corner and put her client's position strongly, whether she's representing a child or a guardian."

      Chambers UK 2023

    • “I have been extremely impressed not only by his legal and intellectual ability but also his clear commitment to the cause not only of individual claimants and defendant tenants but the wider implication for other persons affected by unlawful acts of public bodies. Sam is truly a rising star in the world of homelessness, social housing and community care”

      Tim Baldwin, Garden Court Chambers

    • "A sensible senior practitioner with a tremendous wealth of experience and excellent judgement."

      Chambers UK

    • Fantastic - Thank you so very much for your impressive input in this matter.

      Client

    More homelessness insightsVIEW ALL

    1. Churchill Gardens neighborhood in Pimlico
      20.1.2023

      High Court finds Westminster Council’s Housing Scheme...

      Westminster City Council’s housing allocation scheme found to be unlawful The High Court has today handed down judgment finding...

      Read more
    2. Homeless Teenager
      5.11.2021

      Council overturns unlawful housing policy

      Homeless teenager claims victory for more than 1,200 homeless people after forcing council to overturn unlawful housing policy A homeless teenager...

      Read more
    3. shoreditch london
      3.9.2021

      Homeless Teenager takes London Council to High Court

      A homeless teenager is taking a London council to the High Court for ‘unlawfully’ banning hundreds of homeless people from...

      Read more
    4. 13.8.2019

      Osbornes bring High Court challenge to secure accommodation

      Edward Taylor has challenged Westminster City Council at the High Court after the local authority failed to meet its absolute...

      Read more
    5. 25.3.2019

      Homelessness- The suitability of bed and breakfast accommodation

      There is tremendous pressure on local authorities to house individuals and families for many reasons including unaffordable private rents and...

      Read more
    6. 25.3.2019

      Where will the homeless go?

      In news this week it has been confirmed that London Councils are preparing to send thousands of families into temporary...

      Read more

    VIEW ALL