Intentional homelessness

The O'Connors left their housing association home in London to visit a sick relative in Ireland. He died shortly after their arrival in November 2000. The family stayed on temporarily and arranged for a friend to occupy their home and pay the rent. In May 2002, Mrs O'Connor returned to find that: the rent had not been paid; the friend had not sent on their post, which included a claim for possession; a suspended possession order had been made; and the friend would not move out.

She began legal action against the friend and reduced the arrears from almost £2000 to £83 but the association still repossessed the property.

The council decided that Mr and Mrs O'Connor had become intentionally homeless for not preserving their home.

The Court of Appeal allowed their appeal. It decided that the council had not properly considered if that failure was "deliberate" or whether the couple had, in good faith, been ignorant of the relevant facts.

Their action in 2002 showed what they would have done had they known. The council had to consider if their ignorance of the true situation had been in good faith.

If it had been, they were not intentionally homeless.