The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy.
Held: A deliberate act which in fact lead to an applicant’s homelessness did mean that the applicant was to be treated as being intentionally homeless. In this case a criminal act had led to imprisonment and his homelessness upon release. The approach to be adopted in considering whether an applicant became homeless intentionally is the test of reasonable likelihood rather than an unqualified test of causation in fact,
Judges:
Mr Stephen Richards
Citations:
Times 25-Feb-1997, [1997] EWHC Admin 165
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Robinson v Torbay Borough Council QBD 1982
The plaintiffs had fallen behind with their rent, which resulted ultimately in an order for possession. The council found that the plaintiffs were threatened with homelessness intentionally.
Held: In relation to the argument that a person is . .
Cited – Regina v Thanet District Council, ex parte Reeve QBD 1981
A woman had been dismissed from employment for deliberate misconduct and had lost her tied accommodation. The council concluded that she had become intentionally homeless because she must have known that the consequence of her misconduct could be . .
Cited – Devenport v Salford City Council CA 1983
A possession order was made because of the misconduct of the tenants and their children. The council made a finding of intentional homelessness, which was upheld by the Court of Appeal.
Held: For the purposes of the homelessness legislation, . .
Cited – Regina v London Borough of Hammersmith, ex parte P QBD 1989
The applicants were members of six homeless families who had occupied accommodation in Northern Ireland. The council concluded that members of each household except one had been guilty of criminal and anti-social behaviour, as a result of which the . .
Cited by:
Cited – Stewart v London Borough of Lambeth CA 26-Apr-2002
The local authority said that the claimant, having been sentenced to a term of five years imprisonment for drugs offences, had made himself intentionally homeless within the section. While in prison, he was evicted from the flat for non-payment of . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 10 June 2022; Ref: scu.137110