The applicant lived with her husband and family in rented accomodation. The husband drank, and spent money which should have gone to the rent. Though she had some small involvement, she did not know of the extent of the rent arrears. He left, and she struggled to restore the position, but failed. She appealed a decision that she was intentionally homeless.
Held: The decision was quashed. It was not clear that the evidence which referred to the Applicant’s efforts to cause payment to be made, before her husband left, had been put to the committee which determined that she was intentionally homeless: ‘It is not clear from the evidence put in by the respondents that the sub-committee was made aware of and took into account Mrs Groves’s assertions that she was not responsible for, nor did she acquiescence in, the arrears of rent which had accumulated prior to May 2 1987.’ There were sufficient contra-indications to rebut the assumption that the wife was party to the husband’s failure to pay rent.
Judges:
Mr Justice Roach
Citations:
[1993] 22 HLR 223
Jurisdiction:
England and Wales
Citing:
Cited – Regina v North Devon District Council ex parte Lewis 1988
The court was asked what the effect of the conduct of one member of a family might be on the classification of other members as being voluntarily homeless: ‘the fact that the Act requires consideration of the family unit as a whole indicates that it . .
Cited by:
Cited – Regina v London Borough of Harrow ex parte Byrne Admn 28-Feb-1997
Application to review decision that applicant though in priority need was homeless through her own voluntary act in failing to pay rent.
Held: Sufficient evidence had been placed before the committee for it to be able to say that it could . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 16 August 2022; Ref: scu.214459
