Purging intentional homelessness

Ms Knight applied to the council as homeless but it decided that she had become homeless intentionally. She did not seek a review of that decision.

She then rented a private flat under an assured shorthold tenancy (AST). When asked to leave, Ms Knight again applied to the council.

The council decided the AST did not constitute "settled" accommodation because Ms Knight had known the landlord intended to get the property back after six months. Accordingly, her earlier intentional homelessness had not been "purged".

Ms Knight argued that, because the AST was the commonplace letting in the private rented sector, it should always be treated as "settled" accommodation.

The Court of Appeal agreed that occupation under an AST was "likely to be settled". However, it did not follow that an AST always constituted settled accommodation. It was a question of fact and degree "although the existence of an [AST] will normally be a significant pointer ".

The council had correctly decided Ms Knight had not had "settled" accommodation.