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Sharon Griffiths v St Helens Council

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ 160, 7 March 2006. Considers the effects of the amendments to the Housing Act 1996 s193 by the Homelessness Act 2002. Appeal by G against a decision that H's duty to provide accommodation for G under s193(2) of the 1996 Act had ceased under s193(5) of the Act because of her refusal of an offer of an assured shorthold tenancy of suitable accommodation from a private landlord secured for her by H. G submitted that the amendments made to s193 of the Act by the 2002 Act had removed assured shorthold tenancies entirely for the possible ambit ofs193(5) of the 1996 Act so that refusal by a homeless person of an offer by a private landlord of an assured shorthold tenancy could never be sufficient to bring to end H's duty under s193(2) of the Act. "Held": appeal dismissed. The duty of a local housing authority under s193(2) of the 1996 Act did not require that permanent accommodation was available for an applicant but was to secure suitable accommodation that could be temporary. S193(5) was capable of embracing an offer of temporary accommodation. The 2002 amendments did not implicitly remove the refusal of an offer of an assured shorthold tenancy from a private landlord for the possible ambit of s193(5).
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 133965-2001

[2006] EWCA Civ 160, 7 March 2006. Considers the effects of the amendments to the Housing Act 1996 s193 by the Homelessness Act 2002. Appeal by G against a decision that H's duty to provide accommodation for G under s193(2) of the 1996 Act had ceased under s193(5) of the Act because of her refusal of an offer of an assured shorthold tenancy of suitable accommodation from a private landlord secured for her by H. G submitted that the amendments made to s193 of the Act by the 2002 Act had removed assured shorthold tenancies entirely for the possible ambit ofs193(5) of the 1996 Act so that refusal by a homeless person of an offer by a private landlord of an assured shorthold tenancy could never be sufficient to bring to end H's duty under s193(2) of the Act. "Held": appeal dismissed. The duty of a local housing authority under s193(2) of the 1996 Act did not require that permanent accommodation was available for an applicant but was to secure suitable accommodation that could be temporary. S193(5) was capable of embracing an offer of temporary accommodation. The 2002 amendments did not implicitly remove the refusal of an offer of an assured shorthold tenancy from a private landlord for the possible ambit of s193(5).