Key case on intentional homelessness goes before Supreme Court next week

The Supreme Court will next week hear a key case on when an individual’s homelessness is intentional.

The appellant in Haile v London Borough of Waltham Forest was the tenant of a room in a property in Lea Bridge Road, Leyton.

On 25 October 2011 Ms Haile, an asylum seeker who had been granted leave to remain, left the property. She subsequently said this was because of unpleasant smells.

On 15 February 2012 she gave birth to a daughter, an event which would have prevented her from remaining in the property.

The council subsequently decided that Ms Haile was intentionally homeless. This decision was upheld by Waltham Forest’s reviewing officer and the county court.

The Court of Appeal also upheld the original decision, on the basis that the House of Lords’ decision Din v Wandsworth London Borough Council [1983] required Waltham Forest to consider whether homelessness was ‘intentional’ at the date Ms Haile quit the property, rather than the date of Waltham Forest’s decision.

The issue before the Supreme Court is therefore whether Waltham Forest should have considered whether Ms Haile’s homelessness was intentional on the date she left the accommodation, or on the date of Waltham Forest’s decision.

The case will be heard on 29 January by a five-justice panel comprising Lord Neuberger, Lady Hale, Lord Clarke, Lord Reed and Lord Carnwath.

See: Becoming homeless intentionally – Christopher Baker, counsel for Waltham Forest LBC, explains the Court of Appeal's ruling