August 8th, 2018 by James Goudie KC

The issue on the appeal in Lomax v Gosport Borough Council (2018) EWCA Civ 1846 was whether the Council correctly applied Sections 175 and 177 of the Housing Act 1996 in concluding that it was reasonable for a severely disabled applicant for housing to continue to occupy her accommodation. In concluding that the Council’s conclusion was erroneous, the Court of Appeal said that in determining whether it is reasonable for a particular applicant to continue to occupy her current accommodation the same approach should be adopted as to reasonableness as in the case of the question whether an applicant has unreasonably refused an offer of suitable accommodation. The decision maker must have regard to all the personal characteristics of the applicant, and then take into account of those individual aspects. This includes subjective factors and an objective test. The test is with respect to the particular applicant and the particular accommodation, including its location.

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