Viackiene v London Borough of Tower Hamlets [2013] EWCA Civ 1764 (11 December 2013)

Viackiene v London Borough of Tower Hamlets [2013] EWCA Civ 1764 (11 December 2013)

The reviewing officer was entitled to conclude that the appellant's deliberate refusal to accept the landlord's offer to help find a new co-tenant, and failure to take reasonable steps to address the rent arrears, amounted to intentional conduct resulting in homelessness under section 191(1) of the Housing Act 1996.

Citation
[2013] EWCA Civ 1764
Parties
Claimant/appellant: Anzela Viackiene; Defendant/respondent: The London Borough of Tower Hamlets
Jurisdiction
England and Wales
Judgment Date
11 December 2013
Procedural Posture
Appeal (housing) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Intentional Homelessness, Statutory Interpretation, Review of Local Authority Decisions
Housing Law Administrative Law Intentional Homelessness Statutory Interpretation Review of Local Authority Decisions

Case Brief

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Parties

Anzela Viackiene

Claimant/appellant

The London Borough of Tower Hamlets

Defendant/respondent

Procedural Posture

Appeal (housing) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was intentionally homeless under section 191(1) of the Housing Act 1996
  2. 2 Whether the reviewing officer took into account irrelevant considerations
  3. 3 Whether adequate reasons were provided for the decision

Ratio Decidendi

The reviewing officer was entitled to conclude that the appellant's deliberate refusal to accept the landlord's offer to help find a new co-tenant, and failure to take reasonable steps to address the rent arrears, amounted to intentional conduct resulting in homelessness under section 191(1) of the Housing Act 1996.

Court Disposition

Appeal dismissed