Regina v Westminster City Council, ex parte Ali: 1983

McCullough J considered whether it was reasonable to expect the applicant to continue to live in overcrowded accomodation: ‘That anyone should regard as reasonable that a family of that size should live in one room 10 ft x 12 ft in size, or thereabouts, is something which I find astonishing. However, the matter has to be seen in the light of s 17(4) which requires that reasonableness must take account of the general circumstances prevailing in relation to housing in the area. No evidence has been placed before me that accommodation in the area of the Westminster City Council is so desperately short that it is reasonable to accept overcrowding of this degree. In the absence of such evidence I am driven to the conclusion that this question could not properly have been determined against the applicant.’

Judges:

McCullough J

Citations:

[1983] 11 HLR 83

Cited by:

CitedHarouki v Royal Borough of Kensington and Chelsea CA 17-Oct-2007
The applicant sought housing as a homeles person. Her present accommodation for herself, her husband and five children was so overcrowded that continued occupation was a criminal offence. She appealed a finding that it was reasonable to continue . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 01 May 2022; Ref: scu.260132