Mitu v Camden London Borough Council – WLR Daily

Posted November 3rd, 2011 in appeals, homelessness, housing, law reports, local government by sally

Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310

“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”

WLR Daily, 1st November 2011