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Adel William v Wandsworth London Borough Council; Donna Bellamy v Hounslow London Borough Council [2006] EWCA Civ 535

A local housing authority had been entitled to find that an applicant had made himself intentionally homeless by making a deliberate decision not to use the monies available to him from a remortgage to pay the mortgage instalments, which had led to the property being repossessed. A separate applicant had been intentionally homeless by allowing the joint owner to sell the property and collect the full net proceeds of sale.

12 May 2006

Two conjoined appeals by the appellant local authorities against two separate decisions that the respondents (W and B) had not been intentionally homeless. W had occupied a property under a lease acquired in shared ownership. W had remortgaged the lease and in the mortgage application had untruthfully stated that he was employed. He fell into mortgage repayment arrears and a possession order was obtained by the mortgagee. W applied to the local authority for accommodation and assistance under the Housing Act 1996 Part VII on the grounds that he was facing eviction. The local authority decided that W was intentionally homeless by his deliberate act to remortgage at a time when he was unemployed and his deliberate act in failing to pay the mortgage payments had caused the loss of accommodation. The decision was quashed on the grounds that there was ambiguity in the local authority’s decision as to what it thought had constituted an act or omission, in consequence of which W had ceas...

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