Taking a council to court to reverse "intentional homelessness" decision

[AngeK]

Hi everybody,

Look for advice on specific aspects of challenging an "intentional homelessness" decision.

I have been unable to find a solicitor so far so, once again, will need to act as litigant in person. I am currently acting successfully in a related case, but do need a bit of help over PROCEDURE. Our case and evidence is very strong in itself. But trying to find reliable information on procedure has so far been impossible. The situation is as follows:

1. The Council made an incorrect "intentional homelessness" decision against us.
2. We asked for a review, and set out thoroughly why their original decision was incorrect,
3. 8 weeks later, no Outcome of the Review was forthcoming.
4. I wrote to them and they claimed they had given the Review to a third party, and to expect the outcome on a certain date.
5. This date passed without the Outcome.
6. I wrote again making a formal complaint, and got told that the third party review complany had not returned it. I was given another date.
7. This date passed without the outcome.

So there has been no outcome of the review given to me, and my family, two of us severely disabled, are facing sleeping rough in the next couple of months.

So, the issues on which I need advice are:

1. What is the law regarding deadlines for court action on a case like this, if any?
2. Should County Court, or Judicial Review action be taken?
3. If County Court, is the N244 the form to use?
4. What orders should I be asking the Court to make if filling out the N244?
5. Can I ask for damages to be awarded if going through County Court?

I will be extremely grateful for good advice on this issue, so thanking people in advance

[45002]

intentional homelessness

May I ask

Have you been lawfully evicted from your home by court order/bailiffs and for what reason or did you just move out of your home of your own free will for any reason ?

[AngeK]

No, not yet. We have a permission to appeal hearing scheduled, and a warrant of bailiff eviction has neen suspended pending the litcome of that hearing. We are still in our home.

[45002]

No, not yet. We have a permission to appeal hearing scheduled, and a warrant of bailiff eviction has neen suspended pending the litcome of that hearing. We are still in our home.

Then I suggest to contact Shelter or CAB for advice, if your not going to share reason why LL wants possession of their property back !

[des8]

Firstly you have to file your claim within three weeks of the extended time limit expiring.
County Court & (i think) N244
Helpful links?? http://england.shelter.org.uk/legal/...appeal_be_used
https://www.gov.uk/civil-legal-advice
You could try a complaint to the LGO https://www.lgo.org.uk/decisions/hou...ess/14-016-522

[AngeK]

Then I suggest to contact Shelter or CAB for advice, if your not going to share reason why LL wants possession of their property back !

With respect, I should not sharing details with you if to do so will compromise my case. I take it you cannot help me with my question.

[AngeK]

Firstly you have to file your claim within three weeks of the extended time limit expiring.
County Court & (i think) N244
Helpful links?? http://england.shelter.org.uk/legal/...appeal_be_used
https://www.gov.uk/civil-legal-advice
You could try a complaint to the LGO https://www.lgo.org.uk/decisions/hou...ess/14-016-522

Thank you. The Shelter info is not adequate because they do not refer to the specific law on that claim about the three week deadline. I cannot so far find any reference to that anywhere else either. When I approached Shelter for advice they never mentioned that at all!

I know already about the N244, but needed clarification. I tried complaining to the LGO but that has only meant my case will take much much longer, and the risk of homelessness after early September is immediate. I need to act quite fast but trying to get legal advice is like trying to buy a unicorn so far.

[45002]

With respect, I should not sharing details with you if to do so will compromise my case. I take it you cannot help me with my question.

I don't want you to compromise your case if you have one, I simple asked you why does your LL want possession of their property and try to understand your case a bit more, maybe advise you further.

Is it Rent Arrears, Section 21 notice no faults eviction or something else ?

You don't have to post person details to answer the above.

[des8]

time limit: sec 204 of Housing Act 1996 states
1)If an applicant who has requested a review under section 202—

(a)is dissatisfied with the decision on the review, or

(b)is not notified of the decision on the review within the time prescribed under section 203,

he may appeal to the county court on any point of law arising from the decision or, as the case may be, the original decision.

(2)An appeal must be brought within 21 days of his being notified of the decision or, as the case may be, of the date on which he should have been notified of a decision on review.

[F1(2A)The court may give permission for an appeal to be brought after the end of the period allowed by subsection (2), but only if it is satisfied—

(a)where permission is sought before the end of that period, that there is a good reason for the applicant to be unable to bring the appeal in time; or

(b)where permission is sought after that time, that there was a good reason for the applicant’s failure to bring the appeal in time and for any delay in applying for permission.

[AngeK]

Thank you very much indeed for this. This will really help me.

[AngeK]

I don't want you to compromise your case if you have one, I simple asked you why does your LL want possession of their property and try to understand your case a bit more, maybe advise you further.

Is it Rent Arrears, Section 21 notice no faults eviction or something else ?

You don't have to post person details to answer the above.

No fault Section 21 not served correctly by LL basically.

[45002]

No fault Section 21 not served correctly by LL basically.

One of the problems is councils will tell you Not to leave until Bailiffs turn up and order you to leave or physically remove a tenant out of the property, before applying for accommodation.

You need to go to or make an appointment to see someone at Shelter or CAB and sit down speak to a adviser face to face telling them the Full story

Why did the council make a "intentional homelessness" decision yet you still have a roof over your head !