Pereira Test
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Pereira Test
''Pereira v Camden Council'' was a 1998 Court of Appeal case in England and an important case law authority in housing law. It established the 'Pereira Test' which states that a person is vulnerable (for the purposes of surmounting the homelessness test in the Housing Act 1996 The Housing Act 1996 is an Act of Parliament in the United Kingdom. Part VII of the Act concerns the duties that a local authority has to homeless people and when these duties arise. Section 189 of the Act concerns the "priority need" hurdle that ...) "if their circumstances are such that they would suffer more when homeless than ‘the ordinary homeless person’ and would suffer an injury or other detriment that the ordinary homeless person would not". In reality this often proved an impossibly difficult hurdle for some people to surmount. References {{Statutory homelessness in England Homelessness in England ...
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Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ...
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Homelessness In England
In England, local authorities have duties to homeless people under Part VII of the Housing Act 1996 as amended by the Homelessness Act 2002. There are five hurdles which a homeless person must overcome in order to qualify as statutory homeless. If an applicant only meets the first three of these tests Councils still have a duty to provide interim accommodation. However an applicant must satisfy all five for a Council to have to give an applicant "reasonable preference" on the social housing register. Even if a person passes these five tests councils have the ability to use the private rented sector to end their duty to a homeless person. The five tests are: *Is the applicant homeless or threatened with homelessness? *Is the applicant eligible for assistance? *Is the applicant priority need? *Is the applicant intentionally homeless? *Does the applicant have a local connection? The annual number of homeless households in England peaked in 2003–04 at 135,420 before falling ...
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Housing Act 1996
The Housing Act 1996 is an Act of Parliament in the United Kingdom. Part VII of the Act concerns the duties that a local authority has to homeless people and when these duties arise. Section 189 of the Act concerns the "priority need" hurdle that a homelessness application must pass for a Council to have a duty to provide interim accommodation. See also *Homelessness Act 2002 The Homelessness Act 2002 is an Act of Parliament in the United Kingdom. It amends the Housing Act 1996 and sets out the duties owed by local housing authorities to someone who is homeless Homelessness or houselessness – also known as ... References External linksLegislation {{Housing in the United Kingdom United Kingdom Acts of Parliament 1996 Homelessness and law Homelessness in the United Kingdom Housing legislation in the United Kingdom ...
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