Ugiagbe v Southwark LBC [2009] EWCA Civ 31 [2009] PTSR

The claimant was an assured shorthold tenant with a fixed term (one year) tenancy. When that expired, the landlord told her to leave and she later did so. She then applied for homelessness assistance. The council decided that she had become homeless intentionally even though it accepted that she had been in ignorance of the landlord’s need to obtain a possession order. It found that she had had advice that she should go to the council’s HPU for assistance before leaving which she had not done. Had she taken that step, she would have been advised not to leave without a court order. The decision was upheld on review and in the county court. The Court of Appeal allowed an appeal. The claimant had been in ignorance and had acted in "good faith". She had not ignored the advice given but simply decided not to approach the HPU because she had not, at the time, wished to be treated as homeless.

(Summary Taken From Garden Court Chambers - Housing Law News)

Links
Bailii
Nearly Legal Post- Nelsonian Ignoarance
Forbes Solicitors Post - Homelessness not a Deliberate Act if done in Good Faith
West Law

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