Minsende v London Borough Of Lambeth [2002] EWCA Civ 1066 (15 July 2002)

Minsende v London Borough Of Lambeth [2002] EWCA Civ 1066 (15 July 2002)

Permission to appeal is granted because the legal issue regarding the effect of a fire on intentional homelessness is novel and unresolved, and there is a compelling reason for the appeal to be heard to clarify the law.

Citation
[2002] EWCA Civ 1066
Parties
Claimant/applicant: Kimuena Minsende; Defendant/respondent: London Borough of Lambeth
Jurisdiction
England and Wales
Judgment Date
15 July 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Homelessness, Intentional Homelessness, Effect of Fire on Tenancy, Local Authority Duties
Housing Law Administrative Law Homelessness Intentional Homelessness Effect of Fire on Tenancy Local Authority Duties

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Parties

Kimuena Minsende

Claimant/applicant

London Borough of Lambeth

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether a fire rendering premises uninhabitable, not caused by occupants, affects the assessment of intentional homelessness due to prior non-payment of rent
  2. 2 Interpretation of the material date for determining intentional homelessness under homelessness legislation

Ratio Decidendi

Permission to appeal is granted because the legal issue regarding the effect of a fire on intentional homelessness is novel and unresolved, and there is a compelling reason for the appeal to be heard to clarify the law.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be heard with expedition before three Lords Justices
  • Time estimate of half a day