Minsende v London Borough Of Lambeth

Permission to appeal may be granted where the proposed appeal has a real prospect of success or where some other compelling reason justifies a hearing. The latter ground may apply where the law raises a difficult and important issue requiring authoritative clarification, even though the prospects of success appear slender. The question whether an accidental fire can affect the assessment of intentional homelessness after a prolonged failure to pay rent was sufficiently arguable and important to warrant an expedited appeal.

The claimant sought renewed permission to appeal against a judgment of His Honour Judge Roger Cox in Lambeth County Court dated 12 June 2002. The dispute concerned the effect of a fire, not caused by the occupants, which rendered accommodation uninhabitable after a prolonged period of rent arrears. The central issue was whether the fire could alter the assessment of imminent intentional homelessness under the homelessness legislation.

1. The renewed application for permission to appeal was allowed. Lord Justice Simon Brown considered that the prospects of success under CPR 52.3(6)(a) were slender, but that there was a compelling reason under CPR 52.3(6)(b) for the issue to be heard.

2. The issue required consideration because the existing case law was not entirely satisfactory. In particular, Din v London Borough of Wandsworth, [1981] 3 All ER 881, had treated the date on which the applicant left the accommodation as material and regarded hypothetical events which might have occurred had the applicant remained there as irrelevant. The present application sought to invoke that principle in the occupants’ favour, in materially different circumstances.

3. The proposed appeal raised a novel and difficult question concerning the interaction between an adventitious fire, prolonged non-payment of rent and intentional homelessness. The appeal was therefore directed to be heard with expedition before three Lords Justices, with a time estimate of half a day.

• Court of Appeal (Civil Division): Renewed application for permission to appeal against the Lambeth County Court judgment of 12 June 2002. Application allowed and appeal directed to be heard expeditiously before three Lords Justices.