Newham LBC v Khatun, Zeb and Iqbal and OFT
Series: Landlord and Tenant Reports ; [2004] L&TR 306-342(38)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 55, 24 February 2004. Three appeals heard together against a HC decision ([2003] EWHC 2326 (Admin), [2004] 08 EG 136) which allowed applications for judicial review brought by the three respondents K, Z and I against decisions made by appellant Council N in the context of its responsibilities for homeless persons under the Housing Act 1996 Part VII. The case involving K also raised the question of whether the Unfair Terms in Consumer Contracts Regulations 1999 and Council Directive 93/13/EEC applied to the terms on which accommodation was let by N pursuant to its duty under Part VII of the 1996 Act. The OFT as the enforcement regulator under the Regulations joined the case as an interested party in the HC where it was found that the Regulations and Directive did apply. N appealed on both points. After considering N's statutory duties under Part VII of the 1996 together with its homelessness policy along with the facts of each case, the CA allowed N's appeal with respect to the homeless. The second issue relating to the application of the 1999 Regulations and Directive was upheld by the CA. For OFT viewpoint see WB4008-1. View judgment at www.courtservice.gov.uk.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS67534 (Browse shelf(Opens below)) | 1 | Available | 125272-1001 | |
| Law report | Virtual Online | ONLINE (Browse shelf(Opens below)) | 1 | Available | 125272-2001 |
[2004] EWCA Civ 55, 24 February 2004. Three appeals heard together against a HC decision ([2003] EWHC 2326 (Admin), [2004] 08 EG 136) which allowed applications for judicial review brought by the three respondents K, Z and I against decisions made by appellant Council N in the context of its responsibilities for homeless persons under the Housing Act 1996 Part VII. The case involving K also raised the question of whether the Unfair Terms in Consumer Contracts Regulations 1999 and Council Directive 93/13/EEC applied to the terms on which accommodation was let by N pursuant to its duty under Part VII of the 1996 Act. The OFT as the enforcement regulator under the Regulations joined the case as an interested party in the HC where it was found that the Regulations and Directive did apply. N appealed on both points. After considering N's statutory duties under Part VII of the 1996 together with its homelessness policy along with the facts of each case, the CA allowed N's appeal with respect to the homeless. The second issue relating to the application of the 1999 Regulations and Directive was upheld by the CA. For OFT viewpoint see WB4008-1. View judgment at www.courtservice.gov.uk.