In R (on the application of Aweys) v Birmingham City Council and other applications [2007] EWHC 52 (Admin), [2007] All ER (D) 230 (Jan) the Court of Appeal dismissed the authority's appeal and held that,
upon finding a homeless person to be unintentionally homeless, eligible and in priority
need, the «main housing duty» under HA 1996, s 193 (2) arose immediately and that the
discharge of this duty could not be met by leaving the applicants in their existing homes: «the homeless at home», which the authority considered no longer reasonable for them to occupy, while waiting for an offer of permanent accommodation under the allocation scheme.