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BURY METROPOLITAN BOROUGH COUNCIL v JOHN GIBBONS

Where an application form for council housing expressly stated that the applicant and his daughter were about to become homeless and were seeking the council's assistance, that was sufficient to trigger the council's obligations to provide assistance and advice under the Housing Act 1996 Pt VII.

6 April 2010

The appellant borough council (B) appealed against a judge's decision to allow an appeal by the respondent (G) against a review decision made by B under the Housing Act 1996 s.202. G was the sole carer of his daughter and had been in full-time employment. However, following the death of his parents he began drinking heavily and lost his job. He sold his property to pay his mortgage arrears and moved into rented property. His capital sum from the house sale was steadily used up as he was out of work and drinking heavily. G fell into arrears with his rent so his landlord required him to vacate the property by the end of September 2008. In early September G made an application to B for council housing but G was not assessed as in priority need. G and his daughter moved into a caravan. In December 2008 G returned to B's offices and was given temporary accommodation under the homelessness provisions in Part VII of the Act. Following investigations B found that G was intentionally homeles...

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