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Haile v London Borough of Waltham Forest (Rev 1) [2015] UKSC 34 (20 May 2015)
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The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that "an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally". In such a case, section 193(2) requires the authority to secure that accommodation is available for occupation by the applicant. In the present case, there is no doubt that the appellant is homeless, eligible for assistance and has a priority need. The question is whether the authority were entitled to be satisfied that she became homeless intentionally.
The appellant surrendered her tenancy of a bedsitting room in a hostel in Leyton on 25 October 2011, as she was unhappy about smells in the hostel. She moved into temporary accommodation in King's Cross. That arrangement came to an end during November 2011, when she was asked to leave because the house was over-crowded. On 24 November 2011 she applied to the respondent authority for accommodation as a homeless person under the 1996 Act. She was provided with interim accommodation in Ilford, where she remained until 23 December 2011. She was then moved to interim accommodation in Leytonstone, where she still remains until after the decisions which are challenged. On 15 February 2012 she had a baby daughter. If she had still been living in the hostel in Leyton, she would then have had to leave it, as only single persons were permitted to reside there. On 1 August 2012 the authority decided that they were satisfied that she was homeless, eligible for assistance and had a priority need, but were also satisfied that she became homeless intentionally. On 31 January 2013, a decision to the same effect was made by a review officer on a review under section 202 of the 1996 Act. The basis of the decision was that the applicant had surrendered her tenancy of the room in the hostel in October 2011 and in consequence had ceased to occupy accommodation which was available for her occupation, and which it would have been reasonable for her to continue to occupy until she gave birth. Her contention that it would not have been reasonable for her to continue to occupy the accommodation because of an unpleasant smell was rejected. Her contention that she would have had to leave the hostel in any event when she gave birth was regarded as irrelevant. There was no finding as to the date on which the appellant became homeless.
The issue raised in the appeal is, in substance, whether the review officer was entitled to be satisfied that the appellant became homeless intentionally, on the basis that she deliberately gave up the accommodation in the hostel, given that she would have been homeless in any event by the time her application was considered. In that regard, it is contended that the birth of the baby broke the chain of causation between the appellant's leaving the hostel and her state of homelessness when the application was considered. In relation to that issue, the court is invited to depart, if necessary, from the decision of the House of Lords in Din v Wandsworth London Borough Council [1983] 1 AC 657 under the Housing (Homeless Persons) Act 1977.
The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that "an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally". In such a case, section 193(2) requires the authority to secure that accommodation is available for occupation by the applicant. In the present case, there is no doubt that the appellant is homeless, eligible for assistance and has a priority need. The question is whether the authority were entitled to be satisfied that she became homeless intentionally.
The appellant surrendered her tenancy of a bedsitting room in a hostel in Leyton on 25 October 2011, as she was unhappy about smells in the hostel. She moved into temporary accommodation in King's Cross. That arrangement came to an end during November 2011, when she was asked to leave because the house was over-crowded. On 24 November 2011 she applied to the respondent authority for accommodation as a homeless person under the 1996 Act. She was provided with interim accommodation in Ilford, where she remained until 23 December 2011. She was then moved to interim accommodation in Leytonstone, where she still remains until after the decisions which are challenged. On 15 February 2012 she had a baby daughter. If she had still been living in the hostel in Leyton, she would then have had to leave it, as only single persons were permitted to reside there. On 1 August 2012 the authority decided that they were satisfied that she was homeless, eligible for assistance and had a priority need, but were also satisfied that she became homeless intentionally. On 31 January 2013, a decision to the same effect was made by a review officer on a review under section 202 of the 1996 Act. The basis of the decision was that the applicant had surrendered her tenancy of the room in the hostel in October 2011 and in consequence had ceased to occupy accommodation which was available for her occupation, and which it would have been reasonable for her to continue to occupy until she gave birth. Her contention that it would not have been reasonable for her to continue to occupy the accommodation because of an unpleasant smell was rejected. Her contention that she would have had to leave the hostel in any event when she gave birth was regarded as irrelevant. There was no finding as to the date on which the appellant became homeless.
The issue raised in the appeal is, in substance, whether the review officer was entitled to be satisfied that the appellant became homeless intentionally, on the basis that she deliberately gave up the accommodation in the hostel, given that she would have been homeless in any event by the time her application was considered. In that regard, it is contended that the birth of the baby broke the chain of causation between the appellant's leaving the hostel and her state of homelessness when the application was considered. In relation to that issue, the court is invited to depart, if necessary, from the decision of the House of Lords in Din v Wandsworth London Borough Council [1983] 1 AC 657 under the Housing (Homeless Persons) Act 1977.
