| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 37 (Jun) |
| Neutral Citation: | [2006] EWCA Civ 718 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Pill, Keene and Gage LJJ |
| Representation | Jan Luba QC and Liz Davies (instructed by Anthony Gold) for the claimant. |
| Matthew Hutchings (instructed by Richard Mellor) for the authority. | |
| Judgment Dates: | 8 June 2006 |
Catchwords
Housing - Homeless person - Duty of housing authority to provide accommodation - Person becoming homeless intentionally - Person having priority need - Duty to provide accommodation for such period as authority considered would give him reasonable opportunity of securing accommodation for his occupation - Whether authority entitled to have regard to considerations other than his individual situation - , s 190(2)(a).
The Case
While a local housing authority could decide, subject to the supervision of the court under ordinary principles, what amounted to a 'reasonable opportunity of securing accommodation for his occupation' within the terms of s190(2)(a) of the the expression did not permit it, in doing so, to have regard to considerations peculiar to it, such as the extent of its resources and other demands upon it.
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