Viackiene v London Borough of Tower Hamlets

Viackiene v London Borough of Tower Hamlets

The reviewing officer was entitled to conclude that the appellant's deliberate refusal to accept the landlord's offer of assistance to 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.

Parties
Claimant/appellant: Anzela Viackiene; Defendant/respondent: The London Borough of Tower Hamlets
Jurisdiction
England and Wales
Judgment Date
11 December 2013
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Intentional Homelessness, Statutory Interpretation, Judicial Review of Administrative Decisions
Housing Law Administrative Law Intentional Homelessness Statutory Interpretation Judicial Review of Administrative Decisions

Case Brief

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Parties

Anzela Viackiene

Claimant/appellant

The London Borough of Tower Hamlets

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the reviewing officer was entitled to find that the appellant had become homeless intentionally under section 191(1) of the Housing Act 1996
  2. 2 Whether the reviewing officer took into account irrelevant considerations or failed to provide adequate reasons

Ratio Decidendi

The reviewing officer was entitled to conclude that the appellant's deliberate refusal to accept the landlord's offer of assistance to 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

Orders

  • Appeal is dismissed; the decision that the appellant was intentionally homeless stands.