Griffiths v St Helens MBC

Mrs Griffiths was an assured tenant of Helena Housing, a transfer association. Helena obtained an outright possession order based on the antisocial behaviour of her two sons who lived with her.

The judge decided that ordering her out would be reasonable even though Griffiths had tried (unsuccessfully) to control her sons’ behaviour.

Having been evicted, Griffiths applied to St Helens council for rehousing as homeless. The council decided she had become intentionally homeless and confirmed the decision in an internal review.

The local county court judge allowed her appeal. The definition of intentional homelessness requires a “deliberate act or failure to act” that causes loss of accommodation. Here, Griffiths had tried to stop her children’s misconduct and been commended for her efforts. She had not been guilty of any nuisance herself and had not “acquiesced” in nuisance by anyone else. There had been no deliberate act or omission on her part capable of satisfying the statutory test.

The judge decided Griffiths had not become homeless intentionally. The council owed her the full rehousing duty.

Source

Housing Today

Reference

A local county court decision would not usually be noted in this column – particularly where, as in this case, it applies well-established principles.

However, the publicity given to the subsequent difficulty the council has had in discharging its duty to Griffiths (not least because it transferred all its housing stock to Helena) has led to its inclusion.