Munemo v City of Wolverhampton Council [2026] EWCA Civ 329 (20 March 2026)

Munemo v City of Wolverhampton Council [2026] EWCA Civ 329 (20 March 2026)

A person who induces the grant of a secure tenancy by deception and is evicted following a possession order made on statutory grounds is intentionally homeless under section 191(1) Housing Act 1996, as the accommodation was available and reasonable for continued occupation, ignoring the deliberate act of misrepresentation. Chishimba does not apply to secure tenancies where the applicant had lawful entitlement until the possession order was executed.

Citation
[2026] EWCA Civ 329
Parties
Claimant/respondent: Emilia Munemo; Defendant/appellant: The City of Wolverhampton Council
Jurisdiction
England and Wales
Judgment Date
20 March 2026
Procedural Posture
Statutory Appeal Under Section 204 Housing Act 1996 / Second Appeal in Court of Appeal
Outcome
Appeal allowed; Council's review decision restored.
Legal Topics
Intentional Homelessness, Misrepresentation, Statutory Interpretation, Possession Proceedings
Housing Law Administrative Law Local Government Law Intentional Homelessness Misrepresentation Statutory Interpretation Possession Proceedings

Case Brief

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Parties

Emilia Munemo

Claimant/respondent

The City of Wolverhampton Council

Defendant/appellant

Procedural Posture

Statutory Appeal Under Section 204 Housing Act 1996 / Second Appeal in Court of Appeal

Legal Issues

  1. 1 Whether Ms Munemo was intentionally homeless under section 191(1) Housing Act 1996
  2. 2 Whether it was reasonable for Ms Munemo to continue to occupy Thompson Avenue
  3. 3 Applicability of Chishimba v Kensington & Chelsea RLBC to secure tenancies obtained by deception

Ratio Decidendi

A person who induces the grant of a secure tenancy by deception and is evicted following a possession order made on statutory grounds is intentionally homeless under section 191(1) Housing Act 1996, as the accommodation was available and reasonable for continued occupation, ignoring the deliberate act of misrepresentation. Chishimba does not apply to secure tenancies where the applicant had lawful entitlement until the possession order was executed.

Court Disposition

Appeal allowed; Council's review decision restored.

Orders

  • Council's review decision of 11 July 2024 restored.
  • Ms Munemo found intentionally homeless under section 191(1) Housing Act 1996.