Bedroom tax notes, only just out of date.
I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA...
View ArticleSo Article 8 isn’t always useless then?
Any keen follower of housing law (no laughing for those of you who have stumbled across this blog for the first time; we do exist) will know that the decade long struggle surrounding the admissibility...
View ArticleI don’t like reg.8, no no… I love it
Mohamoud v Birmingham CC [2014] EWCA Civ 227 As all of our readers doubtless know, the way that decision making in homelessness cases works is something like this: a first decision is made by someone...
View ArticleArticle 8 and the Private Sector
In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had...
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Room use and Uratemp
A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument. The decision notice is here (HT Speyejoe). The appellant had moved into the ’3 bedroom’...
View ArticleA game of forfeits
The flexible tenancy, that marvellous and oxymoronic invention of the Localism Act, is now in place and in use by a number of Councils. The last time I considered flexible tenancies it was largely...
View ArticleMinimum Space (standards)
This is a post by Alan Richards, a journalist and blogger on legal matters, financial affairs, politics and economics, who blogs at Alrich. We are happy to add it to the blog, dealing as it does with...
View ArticleWhen is a storey not a storey?
The answer appears to be when it is only for access! Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) We first reported on this case briefly as a decision of the Bristol Magistrates...
View ArticleInfamy, infamy, they’ve all got it in for me*
Gustovarac v Croatia App. No, 60223/09 is a game-changer of a case. A possession case in which the European Court of Human Rights seems to be saying you don’t need a proportionality assessment. Now, as...
View ArticleChild’s rooms and odd rooms
I’ve added a couple of new bedroom tax First Tier Tribunal decisions to the FTT page. There is a Newcastle decision (Reasons here. Known as the Iso decision after the landlord who supported the appeal)...
View ArticleLet’s all talk about Wales
We don’t often publicise events here, but given that this one involves at least couple of the NL team, we are damn well going to. Housing Law: The Welsh Devolution Effect 1st May 2014 Cardiff Law...
View ArticleNot adding up
As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils,...
View ArticleDisrepair – counterclaims after possession order.
Here is an interesting prospect* (and a big tug of forelock to Beatrice Prevatt at Garden Court for the initial suggestion). Can a counterclaim for disrepair be brought after a possession order is...
View ArticleEarly Compliance
Tummond, R (on the application of) v Reading County Court & Anor [2014] EWHC 1039 (Admin) This is a slightly surprising case involving a judicial review of refusal of permission to appeal. Facts T...
View ArticleDisrepair: Damp and quantum
Following on from this post on disrepair counterclaims and as a precursor to a substantial post on disrepair quantum to follow very soon(ish), this is a County Court Judgment on an assessment of...
View ArticleFiddler under the roof
Yeung v Potel & Anor [2014] EWCA Civ 481 A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a...
View ArticleOh Mr Ghopee.
God, we are told, loves a trier. Perhaps fortunately, the Court of Appeal takes a less emollient approach with an unlawful money lender who has been repeatedly featured on this site. Ghana Commercial...
View ArticleNot a Good Idea
One to be filed under ‘Do not do this, ever’. R (Grimshaw) v LB Southwark [2013] EWHC 4504 (Admin) [Not on Bailii, I've seen a transcript] This started out well enough, as a judicial review claim of...
View ArticleIgnoring the Court of Appeal?
There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of...
View ArticleAdverse possession through criminal trespass
Way back when s.144 LASPO 2012 was first proposed, I noted that one of the unaddressed questions (indeed a question that nobody even thought to consider) was how what because s.144 would interact with...
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