Muse v London Borough of Brent: CA 19 Dec 2008

The court was asked whether the section 193 duty to provide housing was lost after the applicant had refused alternative temporary accommodation. The applicant had been granted temporary accommodation, but her family grew and it became too small. She was offered an alternative but preferred to stay where she was.
Held: The Authority’s appeal succeeded. Though the effect was harsh, it followed from the words of the Act. Arden LJ said: ‘Finding temporary accommodation for an applicant does not discharge the duty of the housing authority. However, the duty is discharged if the applicant is offered temporary accommodation but ceases to be eligible for assistance, or becomes homeless intentionally from that accommodation, or finds permanent accommodation, or voluntarily ceases to occupy the accommodation made available to him as his only or principal home (section 193(6)). The housing authority also ceases to be subject to a duty to the applicant in the circumstances set out in section 193(5) . . and they are said to be the circumstances which are applicable in Mrs Muse’s case. ‘
Pill LJ, Arden LJ, Aikens LJ
[2008] EWCA Civ 1447
Housing Act 1996 193(5)
England and Wales
CitedBirmingham City Council v Aweys and others CA 7-Feb-2008
If accommodation is not reasonable for a person to occupy, it is not suitable for him. Arden LJ said: ‘homelessness is a large social problem directly and substantially affecting the lives of many people in the UK, and those who depend on them, . .
CitedRegina v Brent London Borough Council Ex Parte Awua HL 6-Jul-1995
The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided . .
CitedGriffiths v St Helens Council CA 7-Mar-2006
The applicant had been agreed to be homeless with priority need, and had been provided with an assured shorthold tenancy.
Held: The Legislation now allowed broadly three classes of accomodation as suitable: (1) accommodation owned by the local . .

These lists may be incomplete.
Updated: 11 February 2021; Ref: scu.278982