Baptie (claimant/respondent) v The Royal Borough of Kingston Upon Thames (defendant/appellant)
Wednesday 25 May 2022
The Local Authority (LA) appeals the order of HHJ Hellmann dated 7 June 2021 by which he allowed Taryn Baptie’s appeal and varied the Local Authority’s review decision dated 7 December 2020 to a decision that Taryn Baptie did not become homeless intentionally and the LA is subject to the duty in s.193(2) of the Housing Act 1996 to secure that accommodation is available for Taryn Baptie
HHJ Hellmann also awarded costs against the LA.
Taryn Baptie made a homelessness application to the LA. The LA decided (upheld on review) that Taryn Baptie was intentionally homeless.
The central issue in the review and appeal before HHJ Hellmann was the question as to whether the accommodation from which Taryn Baptie had been evicted had been affordable for her. The reviewing officer had found that her income was sufficient to cover her reasonable living expenses once her payments of rent had been deducted. HHJ Hellman disagreed and found in favour of Taryn Baptie.