Stewart v London Borough Of Lambeth [2002] EWCA Civ 753 (26 April 2002)

Stewart v London Borough Of Lambeth [2002] EWCA Civ 753 (26 April 2002)

The appellant's deliberate criminal act led to his imprisonment, which directly resulted in non-payment of rent and eviction. The arrangement with his sister was ineffectual and did not break the chain of causation. Imprisonment does not constitute settled accommodation. The local authority was entitled to find the appellant intentionally homeless under section 191 of the Housing Act 1996.

Citation
[2002] EWCA Civ 753
Parties
Claimant/appellant: Delroy Stewart; Defendant/respondent: London Borough of Lambeth
Jurisdiction
England and Wales
Judgment Date
26 April 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Intentional Homelessness, Causation in Homelessness, Housing Act 1996 S191, Public Policy and Ex Prisoners
Housing Law Administrative Law Intentional Homelessness Causation in Homelessness Housing Act 1996 S191 Public Policy and Ex Prisoners

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Delroy Stewart

Claimant/appellant

London Borough of Lambeth

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant became intentionally homeless under section 191 of the Housing Act 1996
  2. 2 Whether an arrangement with a third party to pay rent during imprisonment breaks the chain of causation for intentional homelessness
  3. 3 Whether imprisonment constitutes 'settled accommodation' breaking the chain of causation

Ratio Decidendi

The appellant's deliberate criminal act led to his imprisonment, which directly resulted in non-payment of rent and eviction. The arrangement with his sister was ineffectual and did not break the chain of causation. Imprisonment does not constitute settled accommodation. The local authority was entitled to find the appellant intentionally homeless under section 191 of the Housing Act 1996.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order as drafted and agreed by counsel