The Tenant (Super)Strikes Back
As we noted when writing up Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (see our note, here), the case left open an interesting – and important – question. If a fixed term has expired and a...
View ArticleBedroom tax news
The Liberty backed Judicial Review of the bedroom tax on grounds of Art 8 discrimination against separated families has been given permission. There have been a few FTT decisions on this ground (see...
View ArticleDining (bed) rooms
Just to note that a couple of First Tier Tribunal decisions from Glasgow have been added to the FTT decisions page (and can be downloaded here). In both the FTT decided that the use of a downstairs...
View ArticleTweets from rented rooms
A series of tweets gathered under the hashtag #LDNlandlord today (Thursday 15 May) offered an insight (if one were needed) into the state of the London private rental market. For the housing lawyer, it...
View ArticleMore Bedroom Tax FTT cases.
A couple more FTT appeal decisions, also added to the FTT decision page. Liverpool – room size decision [Decision notice], 52 sq ft too small to be a bedroom, supported by photos. Also notably decides...
View ArticleBedrooms, tribunals and article 14
Today brought a torrent of (well, two) First Tier Tribunal bedroom tax appeal decisions. Both are decisions on Article 14 grounds, and in one case, there is a detailed set of reasons for distinguishing...
View ArticleApproximate grounds
Masih, R (on the application of) v Yousaf [2014] EWCA Civ 234 When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be...
View ArticleArticle 8 and night-time care
The ECtHR Chamber has delivered its decision in McDonald v UK. For the reasons given below, the Court has decided that there was no breach of Article 8 ECHR following the reduction in Royal Borough of...
View ArticleThis is what we always meant
Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do...
View ArticleThe UKIP-ification of law
Or, why Nigel Farrage doesn’t need to worry about that house-load of Romanians moving next door to him once the Immigration Act 2014 comes into force. The Immigration Act 2014 received Royal Assent on...
View ArticleAn interim measure
Fisher v Howard De Walden Estate Ltd RAP/19/2013 is that rare thing – a citeable permission to appeal decision from the UT(LC) (remembering that in Re Bradmoss [2012] UKUT 3 (LC), the UT(LC) had...
View ArticleHow much is a secure tenancy worth?
London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 We are appallingly late with this one, and have no excuse. But this case has just been given permission by the Supreme Court, so this is a good...
View ArticleAn obligatory discretion?
Rutherford & Ors v Secretary of State for Work And Pensions [2014] EWHC 1613 (Admin) This was the judicial review, supported by CPAG, of the failure of the bedroom tax regulations to address the...
View ArticleSuccession and Sharia
A quick note on a recent Court of Appeal decision: Northumberland & Durham Property Trust Ltd v Ouaha. From 1/8/1980 until his death on 19/11/2010, Mr Al-Faisal held a protected Rent Act tenancy of...
View ArticleDon’t ask the surveyor
Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes. Many residential leases...
View ArticleGötterdämmerung
Well, featuring fire and flood at least. As we’ve noted before, the ‘1996 exemption‘ to the bedroom tax only applied if one was in the same property or if: the dwelling so occupied was not the same by...
View ArticleFormerly known as.
Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals. The detailed statement of reasons is here (and on the FTT...
View ArticleThe state of that bedroom
This is a rather unusual bedroom tax First Tier Tribunal decision from Islington. (Decision notice. Also on the FTT decisions page.) There was one additional room, classed as a bedroom by the landlord,...
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On the naughty step: The unacceptable face of London landlords
Some of you, those in London at least, might have noticed Boris Johnson announce a new, and completely voluntary, no compulsion here, landlord accreditation scheme. The idea being that tenants,...
View ArticleFormer landlords and s.20B LTA 1985
In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite...
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