The applicant’s partner had left the matrimonial home, tenanted in joint names with the applicant of the authority, and went to the authority saying she had been beaten. Before the authority would agree to treat her as homeless they required her to terminate the joint tenancy thus leaving the applicant homeless.
Held: It was to be noted that the authority had made no approach to the applicant to ask his version of events. The letter from the authority made it clear that the statutory criteria had been met. It had a duty to rehouse te partner. The authority had no power to then make an additional requirement of the partner that she surrender the tenancy. That policy was unlawful. However, the claimant was not entitled to the declaration sought. This was a private law matter. Though there might be some injustice this flowed from the law of joint tenancies.
Judges:
Wilkie J
Citations:
[2005] EWHC 1127 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Housing, Local Government
Updated: 30 June 2022; Ref: scu.226108
