This text is from
Housing Case Law – September 2023 | Capsticks
Court of Appeal, 27 July 2023
The Court of Appeal has held that a local authority had been entitled to decide that a hostel room that a homelessness applicant had previously occupied, and deliberately chosen to leave, was “accommodation” within the meaning of section 91(1) of the Housing Act 1996.
Ms Hodge had a history of mental health difficulties and had been diagnosed with personality disorders. She had been living in a room in a hostel provided by a charity, Porchlight, and had later moved in with members of her family before renting a flat from a friend. She subsequently applied to Folkestone and Hythe District Council (The Council) for accommodation as a homeless person.
The Council determined that, in spite of her mental health issues, Ms Hodge had not suffered a temporary aberration of mind and that she was intentionally homeless for the purposes of section 191(1) of the Housing Act 1996. It determined that the room at the hostel was “accommodation” and that she had left it without any good reason.
Ms Hodge challenged the decision, but it was upheld on review. An appeal to the County Court also failed. Ms Hodge appealed, arguing that the Council had erred in concluding that the room was settled “accommodation” for the purposes of the Housing Act 1996.
The Court of Appeal, in dismissing the appeal, held that the question of whether the room was “accommodation” was for the Council to decide. There was no reason why housing schemes such as the one run by Porchlight could not be classed as “accommodation”. The Council had been entitled to decide that the room was accommodation and that, consequently, Ms Hodge had become intentionally homeless by leaving it without any good reason.
A copy of the judgment is here.
See Also Cornerstone Barristers
A person can be intentionally homeless from temporary accommodation if it is reasonable to continue to occupy Hodge v Folkestone and Hythe DC Court of Appeal 27 July 2023 [2023] EWCA Civ 896
Ms H had a long history of serious mental health issues, including diagnoses of personality disorders, suicide attempts and hallucinations. She left home when she was 12 and went to live with her grandmother for some years. In 2015, still aged under 18, she moved into a studio flat in a hostel run by Porchlight. She signed a licence agreement for what was described as temporary supported accommodation with the objective of moving into longer term accommodation. The agreement stated that the licence could be terminated on 7 days’ notice.
The licence recorded that: