INTENTIONAL HOMELESSNESS

November 21st, 2023 by James Goudie KC

In KYLE v COVENTRY CITY COUNCIL (2023) EWCA Civ 1360 the Court of Appeal says at para 42 that (1) there is no need for accommodation to be so bad that a person could not be expected to stay there for another night for there to be homelessness for the purposes of the Housing Act 1996, (2) on the other hand, a person does not have to be entitled to remain in accommodation indefinitely, or for any particular period of time for it to be “ reasonable for him to continue to occupy “ it; (3) neither need he have accommodation which it would be “ reasonable …to continue to occupy” for ever; (4) in general at least Section 175(3) will be satisfied and a person will not be “homeless” if there is accommodation which it would be “ reasonable for him to continue to occupy “over the period which would elapse before the local housing authority re-housed him; (5) the physical characteristics of accommodation will often be of central importance in determining whether it is “ reasonable … to continue to occupy “it; (6) Restrictions affecting the person’s life in , and use of, the accommodation may also be relevant.

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