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Geoffrey Edwin Fletcher v Brent London Borough Council

Where a local authority secure joint tenancy had been terminated effectively by notice to quit, it was necessary in the circumstances to consider whether a former tenant had a licence to occupy and what the terms of any licence were in order to be able to determine whether he was homeless within s 175 of the Housing Act 1996.

14 July 2006

The appellant (F) appealed against the decision that he was not homeless within s 175 of the Housing Act 1996 so that the respondent local authority had no duty to secure accommodation for him and his son pursuant to s 193. F and his wife had occupied a property under a secure joint tenancy from the local authority. F had been required to leave the property for a period by an order made in family proceedings. F had then submitted a homelessness application. F’s wife had left the property to reside at a women’s refuge. The court order against F had been discharged. F’s wife had then given notice to quit and vacated the property. The local authority refused F’s homelessness application on the basis that he was not homeless as he had accommodation available to him at the property, which it was reasonable for him to occupy, since there was no longer any court order and his tenancy had not been terminated by the notice to quit given by his wife. A review of the local authority’...

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