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Forum Home  →  Discussion  →  Housing costs  →  Thread

HB, DA and Intention to Return

JRyan
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Welfare Benefits, ParagonCHG, Surrey

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Total Posts: 58

Joined: 13 February 2014

Good morning

Is there any caselaw surrounding the definition of intention to return following fleeing due to DA?

Thank you

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Findlay cites R v Kensington & Chelsea RBC HBRB ex p Robertson (1988) 28 RVR 84 at 85 QBD, CH/3893/2004 at [6] and [8] and CH/1237/2004

Another case which I think is relevant is LB Hammersmith and Fulham v Clarke &Clarke; because it illustrates how problematic the question of intention to retuen can be

Clarke involved the right to buy and Mrs Clarke had told socaial workers that she would be remaining in a care home following a stroke .  Hammersmith & Fulham took proceedings for possession of the property but the case went to the COA and the Court held that Mrs Clarke had been in no position to have any settled intention at the time she told social workers that she would remain in the care home

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JRyan
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Welfare Benefits, ParagonCHG, Surrey

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Total Posts: 58

Joined: 13 February 2014

brilliant, thank you so much.