|| All ER (D) 115 (May)
||Court of Appeal, Civil Division
Mummery, Arden and Hughes LJJ
||Sarah Hannett (instructed by Nalders, Truro) for the claimant.
||Wayne Beglan (instructed by Penrith DC Legal Services) for the defendant.
||9 May 2006
Housing - Homeless person - Duty of housing authority to provide accommodation - Person becoming homeless intentionally - Finding by authority of intentional homelessness - Validity of finding - Whether local authority entitled to find claimant in occupation of premises - , s 190(1).
In determining whether a property was occupied, for the purposes of deciding whether a claimant was intentionally homeless, the right to possession was not enough, although it was a relevant consideration. Further, holding the keys and making representations as to occupancy were factors from which a decision-maker might infer that premises had been occupied.
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