000 02047cab a2200253 4500
001 ABS67534
008 040301n2004 000 0 eng u
035 _a(Sirsi) u125272
245 _aNewham LBC v Khatun, Zeb and Iqbal and OFT
260 _c2004
490 _aLandlord and Tenant Reports
_v[2004] L&TR 306-342(38)
520 _a[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.
590 _aABS
650 _aNEWHAM LBC V KHATUN AND OTHERS
650 _aHOUSING ACT 1996 PART VII
650 _aUNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
650 _aDIRECTIVE 93/13/EEC
650 _aOFT
650 _aHOMELESSNESS
650 _aUNFAIR TERMS
690 _aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856 _uhttps://www.courtservice.gov.uk/judgmentsfiles/j2326/newham-v-khatun_zen_iqbal.htm
_zView judgment on the Court Service website...
942 _n0
999 _c74196
_d74196