Tag Archive for 'intentionally homeless'

These we have missed/didn’t know about

By NL on 17/05/2010. 0 Comments

As ever, the Housing updates in Legal Action for May 2010 contains news of a few homelessness cases that are otherwise unreported and which hadn’t reached us – primarily County Court decisions or applications for permission for JR or appeal that didn’t make Bailii or elsewhere.

Human Rights
Slough BC v Aden [2009] EWCA Civ 1541
Application for permission to appeal on the basis that the provision of a non secure periodic tenancy of a hostel room under the homelessness provisions of Part VII Housing Act 1996 was incompatible with Art 8 of the ECHR. Mr Aden had been found not to be in priority need and an NTQ served … Read the full post

Posted in Homeless, Housing law - All and Possession. Tags: , , , .

Advice and assistance

By NL on 03/02/2010. 0 Comments

R(Savage) v LB Hillingdon [2009] EWHC Admin 88 [not on Bailii yet, available on Lawtel].

Ms S applied to Hillingdon Council as homeless following a possession order on her private rented accommodation on grounds of rent areas. Hillingdon provided temporary accommodation then found she was homeless, eligible and in priority need, but intentionally homeless (it didn’t help that Hillingdon housing advice had previously told her to set up a direct debit for her rent). Ms S did not ask for a review and it was accepted that she was intentionally homeless.

Hillingdon’s s.184 letter quite rightly stated that Hillingdon had a duty to offer her ‘advice and assistance’ to find … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , .

Intentional homelessness and badly behaved children

By NL on 13/10/2008. 16 Comments

This is somewhat belated – I’d missed these and the court of appeal isn’t on Bailii to link to – so thanks to Legal Action for the heads up.

White v Southwark LBC [2008] EWCA Civ 792 was an application for permission for a second appeal from a s.204 appeal. Ms White was excluded from her mother’s home when she was 15. her mother said she had behaved unreasonably and broken house rules. Ms White later applied as homeless (apparently when over 18 with no settled interim accommodation – I may be wrong here). She was found intentionally homeless for her actions that resulted in her being excluded from the … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , .

Women's refuges and homelessness

By NL on 17/04/2008. 0 Comments

Manchester City Council v Moran & Richards v Ipswich Borough Council [2008] EWCA Civ 378

This is a very important Court of Appeal judgment, which will have significant impact on Women’s Refuges and women fleeing domestic violence.

These were two appeals, conjoined, both featuring women whose stay at refuges had been ended following incidents and who faced findings of intentional homelessness on homeless applications as a result. The difference was that Moran had the decision as s.184 decision on application as homeless after leaving the refuge and the other, Richards, had been in the refuge after an application and acceptance of duty, with the refuge as temporary accommodation under s193 … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , , , , .

Be good to your mother

By NL on 05/07/2007. 0 Comments

So, Denton v London Borough of Southwark [2007] EWCA Civ 623.

This won’t take long, as the case rests almost entirely on its own facts.

Applicant, a 21 year old male, applied as homeless after being thrown out by his mother. First decision, upheld on review, was that he was intentionally homeless because his bad behaviour had led to his mother telling him to go.

The County Court apparently thought a bid of leeway should be given to a 21 year old man living with his mum – some friction and chafing at rules was to be expected, and the decision had erred in not considering the behaviour as … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , .
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