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.
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