Podcast Location:
Download it here [file size: 20.8 MB]
Categories:
Human Rights, Civil Liberties & Public Law
Housing & Property
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

The podcast aims to familiarise practitioners with the components of intentional homelessness under Part VII of the Housing Act 1996. It gives an overview of intentional homelessness within the broader scheme of the 1996 Act, before examining each statutory hurdle in turn. First, it explains how a 'deliberate act or omission' has been defined, examining the concepts of "good faith" and "ignorance of a relevant fact". Secondly, it examines questions of causation, and how "settled accommodation" has been defined. Thirdly, it explains the operation of ss. 175 and 177 of the 1996, and when it will have been reasonable for an applicant to continue to occupy premises. It ends with a brief discussion of the status of the law, and calls for reform.

Outcomes:
After completing the course you will:
  • Be familiar with the components of intentional homelessness under Part VII of the Housing Act 1996;
  • Understand the role of the intentional homelessness provisions within the broader scheme of the 1996 Act;
  • Know how a 'deliberate act or omission' has been defined, with relation to the concepts of "good faith" and "ignorance of a relevant fact";
  • Know how the courts have approached questions of causation, and how "settled accommodation" has been defined;
  • Understand the operation of ss. 175 and 177 of the 1996, and when it will have been reasonable for an applicant to continue to occupy premises;
  • Understand what avenues of appeal and review are open to applicants challenging intentional homelessness decisions.
Level:
Beginner Difficulty: 1 of 5
Sources and References:
  • Housing Act 1996;
  • Minchin v Sheffield City Council (CA) Times, April 26, 2000;
  • O’Connor v Kensington and Chelsea RLBC [2004] EWCA Civ 394;
  • R v Tower Hamlets LBC ex p Rouf (1991) 23 HLR 460;
  • R v Hammersmith and Fulham LBC ex p Lusi and Lusi (1991) 23 HLR 260;
  • R v Croydon LBC ex p Toth (1998) 20 HLR 576;
  • Ugiabe v Southwark LBC [2009] EWCA Civ 31;
  • Dyson v. Kerrier District Council [1980] 1 W.L.R. 1205;
  • Din v Wandsworth LBC [1983] 1 AC 657;
  • R v Brent LBC ex p Awua [1996] AC 55;
  • R v Hammersmith and Fulham LBC ex p Lusi and Lusi (1991) 23 HLR 260;
  • R v Harrow LBC ex p Fahia [1998] 1 WLR 1396;
  • R v Basingtstoke and Deane BC ex p Bassett (1983) 10 HLR 125;
  • Bond v Leicester City Council (2002) HLR 6;
  • R v Camden LBC ex p Mohammed (1997) 30 HLR 315 QBD.

This podcast examines the controversial and complex area of Intentional Homelessness and its current statutory formulation in s.191 of the Housing Act 1996. The podcast considers recent case law on "good faith" and "ignorance of a relevant fact", the development of the judicial concept of "settled accommodation", and the Court of Appeal's approach to s.177 in instances of domestic violence. It ends by considering an applicant's routes of appeal, and calls to reform the law.

Podcast added:09/04/2009

Podcast last reviewed: 2011-09-26

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