From decades of certainty to a causational minefield, a note on intentional homelessness following the ruling Haile V London Borough of Waltham Forest (2015)

2.50
Hdl Handle:
http://hdl.handle.net/2436/618358
Title:
From decades of certainty to a causational minefield, a note on intentional homelessness following the ruling Haile V London Borough of Waltham Forest (2015)
Authors:
Busst, Christopher
Abstract:
A homeless person may be owed a duty to be re-housed by a local housing authority if they can meet the requirements set out in the Housing Act 1996. The authority does not owe the full duty, however, in circumstances where the homeless person has made themselves ‘intentionally homeless’ - where they have carried out a deliberate act or omission which has led to their loss of accommodation. The House of Lords ruling in Din v Wandsworth London Borough Council [1983] had created a consistent and certain approach to findings of intentionality. The Supreme Court in Haile claims not to have departed from the reasoning in Din. Still, it will be shown that the express findings in Haile have completely changed the approach to intentionality. Despite the Supreme Court’s protestations to the contrary, a certain deliberate act by a homeless person can now be ignored if, hypothetically, the homeless person would have become homeless anyway – creating a causational nightmare for authority decision makers.
Publisher:
UKSLA
Journal:
UKLSA - Legal Issues Journal, 4(2): Volume 5
Issue Date:
12-Jul-2016
URI:
http://hdl.handle.net/2436/618358
Additional Links:
https://www.amazon.co.uk/Issues-Journal-Kingdom-Students-Association/dp/1535124474/ref=sr_1_1?s=books&ie=UTF8&qid=1471003605&sr=1-1; http://www.uklsa.co.uk/law-review/
Type:
Article
Language:
en
ISSN:
2050-0041
Appears in Collections:
FOSS

Full metadata record

DC FieldValue Language
dc.contributor.authorBusst, Christopheren
dc.date.accessioned2016-08-12T12:18:45Z-
dc.date.available2016-08-12T12:18:45Z-
dc.date.issued2016-07-12-
dc.identifier.issn2050-0041en
dc.identifier.urihttp://hdl.handle.net/2436/618358-
dc.description.abstractA homeless person may be owed a duty to be re-housed by a local housing authority if they can meet the requirements set out in the Housing Act 1996. The authority does not owe the full duty, however, in circumstances where the homeless person has made themselves ‘intentionally homeless’ - where they have carried out a deliberate act or omission which has led to their loss of accommodation. The House of Lords ruling in Din v Wandsworth London Borough Council [1983] had created a consistent and certain approach to findings of intentionality. The Supreme Court in Haile claims not to have departed from the reasoning in Din. Still, it will be shown that the express findings in Haile have completely changed the approach to intentionality. Despite the Supreme Court’s protestations to the contrary, a certain deliberate act by a homeless person can now be ignored if, hypothetically, the homeless person would have become homeless anyway – creating a causational nightmare for authority decision makers.en
dc.language.isoenen
dc.publisherUKSLAen
dc.relation.urlhttps://www.amazon.co.uk/Issues-Journal-Kingdom-Students-Association/dp/1535124474/ref=sr_1_1?s=books&ie=UTF8&qid=1471003605&sr=1-1en
dc.relation.urlhttp://www.uklsa.co.uk/law-review/en
dc.rights.urihttp://creativecommons.org/licenses/by-nc-nd/4.0/*
dc.subjectHomeless personsen
dc.subjectHousing Acten
dc.subjectintentional homelessnessen
dc.subjectHouse of Lords Rulingen
dc.subjectHaile v London Borough of Waltham Foresten
dc.subjecthostelen
dc.subjectevictionen
dc.titleFrom decades of certainty to a causational minefield, a note on intentional homelessness following the ruling Haile V London Borough of Waltham Forest (2015)en
dc.typeArticleen
dc.identifier.journalUKLSA - Legal Issues Journal, 4(2): Volume 5en
dc.date.accepted2016-06-10-
rioxxterms.funderInternalen
rioxxterms.identifier.project12/08/16CBen
rioxxterms.versionAMen
rioxxterms.licenseref.urihttps://creativecommons.org/CC BY-NC-ND 4.0en
rioxxterms.licenseref.startdate2016-10-11en
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