Intentional Homelessness

March 26th, 2020

LB v TOWER HAMLETS LBC (2020) EWCA Civ 439 is concerned with the lawfulness of the local authority’s decision on a review under Section 202 of the Housing Act 1996. McCombe LJ, with whom Floyd and Coulson LJ agreed, said, at para 24, that Section 191 of the Act, on intentional homelessness, is directed to the time when the applicant did or failed to do something which resulted in them ceasing to occupy accommodation and then to whether it would have been reasonable to continue to occupy. He added, at para 27, that the reviewing officer should not limit the review by reference to circumstances acting at the date of the deliberate action or inaction alone. All the circumstances, both before that date, and matters thereafter, up to the date of the review, should be considered. He concluded, at para 31, that while the question of whether it is reasonable for a person to continue to occupy premises which they deliberately ceased to occupy is to be assessed at or about the time of the act in question, the assessment needs to be informed by all relevant matters, including events that may occur up to the date of the authority’s review decision. The Court also considered Section 177 of the 1996 Act, on domestic abuse.

Comments are closed.