The (fictitious) Housing Reform Act 2018 (‘the Act’) allowed local councils powers to carry out extensive checks on potential tenants for council homes.
S12: Councils may obtain any information they deem appropriate in order to ascertain the character and suitability of potential tenants;
S13: in deciding to offer council homes to potential tenants, those who have been waiting the longest must be given priority.
S20: Appeals against council decisions are to be made to the council’s Appeals Committee. The Committee’s decision is final.
Lucy works in a childcare centre earning minimum wage, and Abed is unemployed but in receipt of welfare benefits; together they have a six-year old disabled child. The family had reached the top of the council’s waiting list and on 7th April they received a letter from the council’s housing officer offering them a home and a moving-in date for three weeks’ time. However, two weeks later, Lucy and Abed received a second letter from the housing officer withdrawing their tenancy offer due to concerns about their suitability as council tenants. The letter read:
“Our background enquiries have revealed that Abed received a police caution in 2008 for damage to a car, and Lucy’s current employment would create noise and inconvenience to neighbours. Also, given Lucy’s limited income and that Abed has no income, you would be unable to pay the rent and so it would be unfair to give you priority over others on the waiting list. It has also been revealed that Lucy’s parents were evicted from their private rental in 1995 for non-payment of rent. Lastly, given the council’s electoral promise not to increase council spending, it is not possible to pay for modifications to the flat for disabled access.”
Lucy applied to the Appeals Committee to reconsider the decision. The Committee Chairperson, after discussing it with the housing officer (her husband), immediately wrote to Lucy denying her a hearing and confirming the council’s decision to withdraw the tenancy offer.
The Tenancy Advisory Service (TAS), a local group providing housing advice to tenants, has heard about Lucy and Abed’s case and wishes to challenge the council’s decision.
Advise Lucy and Abed, and TAS, citing only Public Law Judicial Review issues in your answer.
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