Oduneye v Brent London Borough Council (2018) EWCA Civ 1595 (not on Bailii yet - judgment on Lexis) This was a second appeal from a s.204 appeal on Brent's decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to...
Not looked into enough to be unaware
Trindade v London Borough of Hackney (2017) EWCA Civ 942 A second appeal of a homeless decision that Ms T was intentionally homeless, on the issues of whether Ms T's actions were "an act or omission in good faith on the part of a person who was unaware of...
Homeless Reduction Bill – part 2
After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive. But first, I...
Affordability and intentionality – adding it up
Samuels v Birmingham City Council [ 2015 ] EWCA Civ 1051 A second appeal from a s.204 County Court appeal that addressed the council's decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was...
What’s the Din? The Supremes’ Cut
Haile v Waltham Forest LBC [2015] UKSC 34 is the second of the triptych of cases which are before the UKSC (We have yet to have the outcome of the third one, the eligibility appeals in Samin/Mirga). The first, Johnson/Hotak/Kanu, as NL wrote, is...
Expectations are not existing facts.
Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015 [Note on Lawtel and here. Not on Bailii yet] This was Enfield's appeal from a s.204 appeal quashing Enfield's decision and review decision that Ms N was intentionally homeless. Ms N had a one year assured...
What’s the Din?*
In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless. On the facts, this was a significant question: Ms Haile had left her room in a...
Intentionally homeless via co-tenant.
Viackiene v Tower Hamlets LBC (2013) CA (Civ Div) 11/12/2013 [Not on Bailii, note on Lawtel, not seen full transcript] Ms V was the joint tenant of a private property under an assured short hold tenancy. The other tenant was J. Both were jointly and...
Shortfalls, guidance and intentionality
Birmingham City Council v Balog [2013] EWCA Civ 1582 A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision...
Relationship breakdown and intentional homelessness
Amanda Carthew v Exeter County Council (2012) CA (Civ Div) 4 December 2012 [Not on Bailii, on lawtel only as a note - if anyone has more information or a transcript of judgment, we'd be very grateful...] Where a homeless applicant had previously transferred...
You win some, you lose some
Oxford City Council v Bull [2011] EWCA Civ 609 In which the Court of Appeal had to consider whether the homeless applicant had made himself intentionally homeless and whether he was in priority need. Mr Bull separated from his wife in June 2009 and left the...