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BIRMINGHAM CITY COUNCIL v ALI & ORS : MORAN v MANCHESTER CITY COUNCIL

A person could be regarded as homeless under the Housing Act 1996 s.175(3), and was not to be regarded as having made himself homeless intentionally under s.191(1), if he had accommodation which it was not reasonable for him to continue to occupy for as long as he would occupy it if a local authority did not intervene. It was not necessary for it to be unreasonable for the person to occupy the accommodation for one more night.

7 July 2009

The House was required to determine two joined appeals against decisions ((2008) EWCA Civ 48, (2008) 1 WLR 2305 and (2008) EWCA Civ 378; (2008) 1 WLR 2387) concerning the duties of local authorities towards homeless people under the Housing Act 1996 Pt VII. In the Birmingham case, the first respondent families (F) were living in overcrowded accommodation. The first appellant local authority accepted that they were unintentionally homeless and in priority need, but had left them in that accommodation for months or years before permanent accommodation was found. It appealed against a finding that it was in breach of its duty to find F suitable accommodation. In the Manchester case, the second appellant mother (M) had left home with her children because of domestic violence and gone to a women's refuge. She had later been evicted, and the second respondent local authority decided that she had become homeless intentionally. M appealed against the decision that it could be reasonable for...

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