Source: All England Reporter
Publisher Citation: [2002] All ER (D) 404 (Jul)
Court: Court of Appeal, Civil Division

Kay LJ and Ferris J

Representation Neil MacLeod-James (instructed by DKLL) for the appellant.
  Wayne Beglan (instructed by Wragge & Co) for the respondent.
Judgment Dates: 26 July 2002


Housing - Homeless person - Appellant becoming homeless intentionally or threatened with homelessness intentionally - Intentionally - Deliberate act - Possession order against appellant for persistent failure to pay rent - Appellant deliberately failing to pay rent - Appellant vacating property - Arrears of rent less than sum of one month's rent - Appellant applying to be rehoused as homeless person - Local authority classifying appellant as intentionally homeless - Whether authority entitled to conclude appellant intentionally homeless - s 191(1).

The Case

A local authority had been entitled to conclude that a person who had been evicted following a failure to pay rent, in circumstances where she had been able to afford the rent but had chosen not to pay it, was intentionally homeless for the purposes of s191 of the .

If you are a LexisLibrary subscriber you can read more about this case here.