A woman who had not previously established a household with her fiance and who left her home in Nigeria to join him...
A woman who had not previously established a household with her fiance and who left her home in Nigeria to join him in England had 'ceased to occupy available accommodation' and was therefore intentionally homeless for the purposes of section 60 of the 1985 Housing Act, so held a deputy judge sitting on the Queen's Bench, The Times reports (p37).
In a case in which Cynthia Okuneye was applying for a decision by Dagenham and Barking LBC to be quashed, Sir Louis Blom-Cooper QC referred to sections 60 and 75 of the 1985 act.
Section 60 states that 'a person becomes intentionally homeless if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to occupy'.
Section 75 provides: '...accommodation shall be regarded as available for a person's occupation both by him and by any other person who might reasonably be expected to reside with him'.