header-logo header-logo

No duty to perform hazard inspection

10 September 2015
Issue: 7667 / Categories: Legal News
printer mail-detail

A London local authority did not have a duty to carry out a hazard inspection and assessment when offering accommodation to a homeless man with a sensitivity to noise, the Court of Appeal has held.

Firoozmand v London Borough of Lambeth [2015] EWCA Civ 952 involved an appeal against a reviewing officer’s decision that accommodation provided at a flat known as “Studio 52” was suitable within the meaning of the Housing Act 1996, s 210.

The appellant had applied for homelessness assistance and asked for top floor private accommodation rather than a hostel because he was sensitive to noise. He was allocated a studio flat but complained of noise and was then moved to a top floor flat in the same block but complained again of a noisy neighbour.

The council contended that it was “unrealistic” for the applicant to expect to remain in a built-up area but be housed in solitary accommodation away from people.

Dismissing the appeal, Lord Justice Patten held that Lambeth Borough was not obliged to carry out a hazard inspection and assessment when the complaint was made.

Issue: 7667 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll