Croydon Council Case Highlights The Issues Around Costs For Many Local Housing Authorities

Susan Elmore, Senior Associate and housing litigation specialist, acted for The London Borough of Croydon ("LBC") in its successful appeal against a county court decision to award an applicant for housing, Vanda Lopes ("VL"), 85% of her costs following settlement by consent of statutory county court appeal proceedings issued pursuant to Part 7, Section 204 of the Housing Act 1996 ("the Act").

VL's appeal was against a decision by LBC on a review of an earlier refusal to provide VL and her family with housing on the grounds that she was not homeless, or threatened with homelessness, finding she had accommodation available to her in Portugal. VL served fresh information after she had instigated the appeal. The High Court held that:

LBC had not failed to carry out adequate inquiries; and Had the appeal been fought, LBC would have been successful in resisting it; and As LBC would have to entertain a fresh homelessness application in any event; So it was entitled to its costs. The facts in brief

VL challenged LBC's review decision pursuant to Section 202 of the Act that VL was not homeless as she had accommodation in Portugal which was available and suitable for her and her family's occupation. The accommodation was a flat which she had previously occupied with her partner, two children, mother-in-law, brother-in-law and his family.

This decision was reached following two interviews conducted by LBC with VL, with an interpreter present at both. The notes of the first interview with VL recorded that "she left as there was no work in Portugal" and that she was not asked to leave. Her partner and children continued to live in the flat when she came to the UK. The second interview notes recorded that VL had again stated that she was not asked to leave but that as there was tension and disagreements with her brother-in-law, she had been told to find a solution to the issue and so had left to find work in the UK. It was only after she found work that her family came to reside with her. LBC had concluded that VL had planned her move to the UK and had not been evicted from the flat by her mother-in-law. VL appealed.

Shortly after lodging the appeal, VL served a witness statement exhibiting a letter from her mother-in-law stating she would not be able to accommodate VL and her family at her home in Portugal.

Due to this fresh information, VL agreed to withdraw her appeal and LBC agreed to withdraw its decision, the subject of the appeal and issue a...