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F v Birmingham City Council [2006] EWCA Civ 1427

A finding of intentional homelessness was upheld where a council tenant had given up her tenancy and taken privately rented accommodation, ignoring advice that in doing so she risked being intentionally homeless and without considering whether she would be able to afford to pay the rent.

10 November 2006

The appellant (F) appealed against a decision that the respondent local housing authority did not owe a duty to house her under s 193(2) of the Housing Act 1996 because she was intentionally homeless. When F was 18 and had one small child she had a council tenancy of a two bedroom flat. Her housing benefit covered the rent of the flat. She had lived in the flat for only about two months when she moved to live with her partner’s mother. She gave up the tenancy of the flat and moved to larger and more expensive privately rented accommodation. She was unable to pay the continuing rent of the property and a possession order was enforced against her. She became homeless and applied to the local authority for accommodation. The local authority considered that F had become homeless intentionally and that conclusion was confirmed on review. F submitted that the review decision failed to consider properly the application of s 191(2) because she had been told and thought that her housing be...

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