Amina Ahamed, R (on the application of) v London Borough of Haringey
[2023] EWCA Civ 975
Michala Hodge v Folkestone and Hythe District Council
27 July 2023
[2023] EWCA Civ 896
Court of Appeal
Michala left a hostel room, and the council said she was intentionally homeless. The court agreed. Even though it was temporary, the room was still considered 'housing', and she should have stayed. The council made a reasonable decision.
Key Facts
- •Michala Hodge (A) appealed a decision that she was intentionally homeless.
- •A had voluntarily left a room in a hostel run by Porchlight.
- •The room was provided under a licence, not a tenancy.
- •The Council argued the room was 'accommodation' under section 191(1) of the Housing Act 1996.
- •A argued the room was not 'accommodation' and, even if it was, it wasn't 'settled accommodation'.
Legal Principles
Whether a place is 'accommodation' under Part VII of the 1996 Act is a question of fact for the Local Housing Authority (LHA), subject to Wednesbury unreasonableness.
Puhlhofer, Awua, Ali
'Accommodation' does not require settled or permanent status; temporary accommodation can qualify.
Awua, Ali
The concept of 'settled accommodation' is a judicial tool to analyze causation between leaving past accommodation and current homelessness, not a statutory requirement.
Awua
Whether it is reasonable for an applicant to continue occupying accommodation is a question of fact for the LHA, subject to Wednesbury unreasonableness.
Ali
Outcomes
Appeal dismissed.
The Council was entitled to find that the room was 'accommodation' and that it was reasonable for A to continue occupying it. The Council correctly applied the legal principles in Puhlhofer, Awua, and Ali.