- Cited — Joseph Kyle v Coventry City Council 2023-11-20
“… Having referred to, and cited from, the decision of the House of Lords in R (Aweys) v Birmingham City Council;Moran v Manchester City Council) [2009] UKHL 36, [2009] 1 WLR 1506 (“Aweys/Moran”), the Judge said this:…”
- Explained — Amina Ahamed, R (on the application of) v London Borough of Haringey 2023-08-11
“…The authorities confirm that reasonableness and suitability are distinct concepts. In Birmingham City Council v Ali [2009] UKHL 36, [2009] 1 WLR 1506 (“Ali”), one of the issues before the House of Lords was, as Baroness Hale explained in paragraph 27, “whether accommodation which it is not reasonable to expe…”
- Cited — Michala Hodge v Folkestone and Hythe District Council 2023-07-27
“…, R v Brent London Borough Council ex p Awua [1996] AC 55 (‘Awua’), which concerned Part III of the 1985 Act, and Birmingham City Council v Ali [2009] UKHL 36; [2009] 1 WLR 1506 (‘Ali’), which was about Part VII of the 1996 Act.…”
- Cited — Shellett Rowe v London Borough of Haringey 2022-10-21
“…[2009] UKHL 36, [2009] 1 WLR 1506. The leading speech was given by Baroness Hale, with whom the other members of the House agreed. Rejecting a more extreme approach, the House held that, when a…”
- Cited — Godson v London Borough of Enfield 2019-03-22
“…LBC does not give any support to that argument. Nor does the argument sit comfortably with the observations of Lady Hale in Birmingham CC v Ali [2009] UKHL 36, [2009] 1 WLR 1506. She said at [42]:…”
- Followed — Godson v London Borough of Enfield 2019-03-22
“…applicant to continue to occupy accommodation which is temporary: R (Awua) v Brent LBC at 68 per Lord Hoffmann, approved in Birmingham CC v Ali [2009] UKHL 36, [2009] 1 WLR 1506 at [41], and followed in Muse v Brent LBC at [8]. Equally, accommodation may be suitable for temporary occupation even if it is not suitable for more permanent…”
- Considered — Kannan v London Borough of Newham 2019-02-04
“…Lady Hale and Lord Neuberger considered the question of suitability in Birmingham CC v Ali [2009] UKHL 36, [2009] 1 WLR 1506. At [18] they noted the different duties that a housing authority may have: on the one hand to provide interim accommodation pending a decision and on the othe…”
- Applied — Safi vThe Borough Council of Sandwell 2018-12-21
“…housing within a reasonable time, the respondent had correctly applied the law as stated by the House of Lords in Birmingham City Council v Ali [2009] UKHL 36; [2009] 1 WLR 1506. It was reasonable for the appellant to continue to occupy the flat for the foreseeable future pending rehousing and in the light of her priority on the housin…”