Important homelessness guidance on s193 discharge / AST

25/04/2006

The recent case of Griffiths v St Helens MBC the Court of Appeal provided guidance in relation to Local authorities' duties under s193 if Assured Shorthold Tenancies are used. This case appeared in the Times Law Reports yesterday (24/04/06).

Griffiths v St Helens MBC [2006] EWCA Civ 160, All ER (D) 94 (Mar)

Local authorities seeking to discharge their duty under s193(2) by securing the offer of an assured shorthold tenancy from a private landlord to which, if the offer is refused, section 193(5) may apply, should explain in the offer letter what they are doing. The explanation should include statements to the effect (a) that the authority acknowledges that the accommodation would be temporary if the private landlord lawfully exercises his right to recover possession after the end of the fixed term; and (b) that, if that happens and assuming that the applicant's circumstances have not materially changed, the authority accepts that it would again become obliged to perform its duty under the section to secure that accommodation is available for occupation by the applicant.

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Jan Luba QC and Adam Fullwood appeared for Griffiths, instructed by Stephensons Solicitors .

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