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 Samuels was evicted for rent rent arrears and Birmingham CC had found her intentionally homeless, despite a […]

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 any relevant fact” as per s.192(2) Housing […]

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 intentionally homeless for failing to pay the full rent). There was a […]

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 shorthold tenancy. She had withheld rent on three occasions: on the […]

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 severally liable for the rent. However, there was an arrangement […]

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 should manifest attention to the statutory guidance (the July 2006 Guidance) on […]

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 their interest in a property to a former parter during a […]

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 Bailii or elsewhere. Human Rights Slough BC v Aden [2009] EWCA Civ […]

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 accommodation then found she was homeless, eligible and in priority need, but intentionally homeless (it […]

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. Ms White was excluded from […]