Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) (see our note here) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.This was a judicial review brought by four claimants who were each owed the duty under section 193(2) of the Housing Act 1996 by Birmingham City Council.

All claimants were living in temporary accommodation which Birmingham had at some point decided was unsuitable, but in which they had nonetheless remained for more than a year.

The claimants sought relief in the form of a mandatory order requiring the Council to secure accommodation, as well as declarations that the duty under section 193(2) is immediate and non-deferrable, and that the system operated by Birmingham to manage applicants in unsuitable accommodation was unlawful.

All claimants were granted declaratory relief.

Read more: Doughty Street Chambers,