Najim v London Borough of Enfield [2015] EWCA Civ 319 (04 March 2015)

Najim v London Borough of Enfield [2015] EWCA Civ 319 (04 March 2015)

The reviewing officer did not err in law in concluding that the Najims' withholding of rent was the operative and deliberate cause of the non-renewal of the tenancy and subsequent eviction, and that this was a reasonable consequence of their conduct. The officer was entitled to consider the landlord's subsequent actions, and the requirements of section 191 and the Code of Guidance were met. The argument that the withholding of rent was not deliberate due to lack of awareness of the consequence was rejected, as the relevant fact must exist at the time of the act, not be a future event.

Citation
[2015] EWCA Civ 319
Parties
Claimant/applicant: Lanja Najim; Defendant/respondent: London Borough of Enfield
Jurisdiction
England and Wales
Judgment Date
04 March 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Intentional Homelessness, Review of Local Authority Decisions, Tenancy Law, Statutory Interpretation
Housing Law Administrative Law Intentional Homelessness Review of Local Authority Decisions Tenancy Law Statutory Interpretation

Case Brief

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Parties

Lanja Najim

Claimant/applicant

London Borough of Enfield

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the reviewing officer misdirected herself in finding intentional homelessness under Housing Act 1996 section 191
  2. 2 Whether the reviewing officer erred in considering the landlord's subsequent re-letting as negating her stated intention to resume occupation
  3. 3 Whether the eviction was a reasonable consequence of the Najims' withholding of rent

Ratio Decidendi

The reviewing officer did not err in law in concluding that the Najims' withholding of rent was the operative and deliberate cause of the non-renewal of the tenancy and subsequent eviction, and that this was a reasonable consequence of their conduct. The officer was entitled to consider the landlord's subsequent actions, and the requirements of section 191 and the Code of Guidance were met. The argument that the withholding of rent was not deliberate due to lack of awareness of the consequence was rejected, as the relevant fact must exist at the time of the act, not be a future event.

Court Disposition

Appeal allowed

Orders

  • Decision of Her Honour Judge Faber set aside
  • Reviewing officer's decision upheld