Overview

Local housing authorities currently face considerable difficulties when deciding whether to send a "minded to find" letter pursuant to the Allocation of Housing and Homelessness Regulations.

The practical problem that can arise is that due to case law developments, it has become unclear whether and in what circumstances such a letter is necessary. This is compounded by the fact that a failure to send a "minded to find" letter in the correct circumstances may result in the decision being quashed by the courts.

This briefing takes a closer look at the issue, asking in what circumstances a letter is necessary and examining what constitutes a deficiency or irregularity. It also looks at cases where the courts have found there is no deficiency or irregularity and highlights how challenges can be avoided.

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