Yemshaw v. Hounslow LBC

The appellant (Y) appealed against a decision that the respondent local authority had been entitled to find that she was not homeless. Y had applied to the local authority for housing assistance, claiming that although her husband had not physically assaulted her or threatened to assault her she was scared that he would, and had left him. Under the Housing Act 1996 s.177(1) a local authority was obliged to rehouse a person where it was not reasonable for that person to continue to occupy accommodation if it would lead to domestic violence. The local authority decided that it was still reasonable for Y to occupy the matrimonial home. A review of that decision was unsuccessful as the panel considered the probability of domestic violence to be low. Upon appeal, the county court and the Court of Appeal concluded that the term "violence" in s.177(1) required some sort of physical contact. The issue in the instant appeal was whether the word "violence" in s.177(1) included other forms of violent conduct.