Tim Baldwin of the Garden Court Housing Law Team has produced a case analysis in partnership with LexisNexis.
The housing duty under section 193(2) of the Housing Act 1996 ended on refusal of an offer of private accommodation (R(Bano) v Waltham Forest)
This case concerned an appeal to the Court of Appeal by the London Borough of Waltham Forest (LBWF) of a decision in the High Court granting the Claimant, Ms Bano’s, application for judicial review challenging LBWF’s refusal to accept that the duty to provide her with accommodation pursuant to section 193(2) of the Housing Act 1996 (HA 1996) following her refusal of a private rented sector offer of accommodation, without providing her with a further notice terminating that duty, had not ended.
The Court of Appeal held that it was not the case that refusal of a private rented sector offer of accommodation would bring a local housing authority’s main housing duty under HA 1996, s 193(2) to an end only if and when the authority so decided.
Garden Court Chambers’ Liz Davies KC & Adrian Marshall Williams acted for Bano, instructed by Edwards Duthie Shamash in Bano, R (On the Application Of) v London Borough of Waltham Forest [2025] EWCA Civ 92 (07 February 2025).
