R (on the application of Yekini) v Southwark London Borough Council

Housing – Homeless person. The claimant's housing assistance, under s 193 of the Housing Act 1996 (the 1996 Act), had been revoked due to rent arrears and the defendant local authority declined to acknowledge any power to allow her to stay on the basis of a nil or peppercorn rent. The claimant and her children had then been accommodated in a bed and breakfast, pursuant to the authority's powers to safeguard and promote the welfare of children in need, under s 17 of the Children Act 1989 (the 1989 Act), but the authority declined to recognise any suitability requirement under the 1996 Act. The Administrative Court, in allowing the claimant's application for judicial review, held that, under s 206(2)(a) of the 1996 Act, the authority might charge a nil or peppercorn rent and that the authority might perform a duty arising under s 193(2) of the 1996 Act, inter alia, by securing accommodation (or payment) provided in the exercise of an authority's power under s 17(6) of the 1989 Act.

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