Hostels for the homeless

In November 2002 Mr Rogerson applied to the council as homeless and it put him in a hostel called Brecon Close. It was not a purpose-built hostel but a block of flats, each having bedrooms, living room, kitchen and bathroom. There was also a warden’s flat and the warden had a master key for the flats and bedrooms.

Residents were allocated bedrooms with their own locks but shared the flat’s facilities with other residents. The occupation agreement said they could be required to move from one flat or bedroom to another.

In February 2003 it was alleged that Rogerson had broken the residence conditions. After 10 days’ notice, he was evicted without a court order.

He said he had been entitled to four weeks’ notice and a court order and sued for illegal eviction. The judge dismissed his claim.

On appeal, the judge said Brecon Close met the definition of a hostel because it provided residential accommodation with facilities for food preparation “otherwise than in separate or self-contained accommodation”.

The licence agreement’s sharing requirement prevented the accommodation from being “separate”. Because the hostel was provided by the council, it was excluded from protection and the eviction had not been unlawful.

However, had it not been a council-provided hostel, the normal protection against eviction would have applied.

Although short-term interim accommodation for the homeless does not usually count as a “dwelling” for those purposes, that judicial exception was strictly limited in time – and that time had elapsed.