High Court judgment on asylum hotels gives guidance on adequacy, overcrowding and HMO rules

27th March 2026

3PB Barristers’ (3 Paper Buildings) Ben AmunwaBen AmunwaCall: 2013 was part of the counsel team representing the Claimants in R (SH) v Secretary of State for the Home Department [2026] EWHC 729 (Admin) (26 March 2026), instructed by Deighton Pierce Glynn.

R (SH) was a judicial review concerning the complex interaction between the overcrowding rules in Part X of the Housing Act 1985, the licencing regime for houses in multiple occupation (‘HMOs’) in Part II of the Housing Act 2004 and the Home Office’s accommodation of destitute asylum-seeking families in hotels under s.95 of the Immigration and Asylum Act 1999. The case potentially affects the position of approximately 4,300 families.

In the first reported case on the issue, the High Court partly upheld the Claimants’ claims for judicial review, gave guidance on the correct approach to assessing the adequacy of accommodation under s.95 of the IAA 1999 and considered the application and relevance of the rules on statutory overcrowding. To see the full judgment, please click here.

For further in-depth analysis of the judgment, Ben has written an overview on the case, offering practitioners an accessible digest of the Court’s conclusions. To read Ben’s commentary, please click here.

If you wish to contact or instruct Ben, please email Practice Manager Gemma Faulkner on [email protected] or telephone 0330 441 7572.