Temporary accommodation tenant wins High Court challenge against London council

The family argued that the property did not have suitable bathroom facilities for the claimant’s daughter, who has a genetic condition that causes her to be obese, alongside several other conditions.

In 2018, the family received a letter from a review officer that said: “I have concluded that the temporary accommodation provided to you under the Housing Act 1996 is not suitable.”

However, as of January 2020, the council had failed to find suitable alternative accommodation for the family.

In his judgement Mr Linden said that the council had been “in breach of statutory duty for a considerable time” and that there was no evidence to suggest that it was “unreasonable or unreasonably difficult” to find suitable accommodation for the claimant.

The judge also took what he described as the “relatively unusual step” of making a mandatory order, which gives the council 12 weeks to secure suitable accommodation for the claimant’s family.

Mr Linden said he had decided to go beyond simply declaring that the council was in breach of its statutory duty as he believed that “a mere declaration will not lead to a sustained and thoughtful effort to assist the claimant and his family”.

A Newham Council spokesperson said: “We are sorry for the problems this family has faced. We accept the judge’s findings and will continue to exhaust all avenues open to us to find this family a property which meets their needs.

"However, we do face significant challenges due to the housing crisis as there simply aren’t enough properties available which meet their requirements. We have already approached many landlords and housing providers and we will continue to exhaust all avenues open to us.

"We found suitable temporary accommodation for this family in December 18 but this was rejected as the family has requested permanent accommodation. We will continue to work closely with them to find an alternative property as quickly as possible.”