Hodge v Folkestone and Hythe District Council (2023) EWCA Civ 896 A second appeal to the Court of Appeal on Folkestone's decision that Ms Hodge as intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under...
Not unaware enough – intentional homelessness in the Court of Appeal
Ciftci v London Borough of Haringey (2021) EWA Civ 1772 A second appeal to the Court of Appeal on Haringey's decision that Ms Ciftci was intentionally homeless. Ms C lived in Switzerland, where she had a rented flat, which was suitable and affordable for...
Reasonable Expenses and intentional homelessness
Samuels v Birmingham City Council (2019) UKSC 28 The Supreme Court, finally, has delivered its judgment on the issue of the assessment of 'reasonable expenses' when considering the affordability of rent in homelessness decisions. In this case, where Ms...
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...
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...
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...
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...
These we have missed/didn’t know about
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...
Advice and assistance
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...
Intentional homelessness and badly behaved children
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....