A look at the latest Housing case law
Leicester CC v Shearer (November 2013)
In the case of Leicester CC v Shearer, the Court of Appeal held that Mrs Shearer, who was widowed following her husband’s suicide, had a public law defence to the claim for possession brought by Leicester CC.
Following the death of her husband, Leicester CC failed to consider granting Mrs Shearer a new tenancy of the property in which she and her husband had lived, and instead advised her to apply for an allocation of a property elsewhere.
She was not told about the possibility of a direct offer of accommodation, which would have allowed her to remain in the property, and therefore the Court found that Leicester CC did not act in accordance with its own allocation scheme and as such could not bring a successful claim for possession of the property.
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