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Late to the party

MacGregor v B M Samuels Finance Group Ltd [2013] UKUT 471 (LC) was, I’m afraid, handed down over two months ago. Such is the state of the NL backlog that I’m only getting to it now. Sorry about that....

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Paying the cost.

Watson v Simpson Croydon County Court 4 October 2012 Not a stunningly important appeal to a Circuit Judge, this one, but a useful case to be able to wave around on costs. Ms Simpson was a private AST...

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There must be some way out of here.

‘Withdrawal’ of proceedings – we’ve been here before, with Spicer v Tuli, but this time, the purported withdrawal was in an appeal of an improvement notice to the Residential Property Tribunal. The...

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End times.

I have been told that there must be an end of year round up for the blog. But, before I get to the figures, here is a soundtrack. NL, it has to be said, seems to be prospering in bad times (not that we...

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Trespass and aggravation.

One of the oddest (and probably most expensive) trespass cases we have reported (see here for the first Court of Appeal report) has ended up back in the Court of Appeal yet again. Eaton Mansions...

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Intentionally homeless via co-tenant.

Viackiene v Tower Hamlets LBC (2013) CA (Civ Div) 11/12/2013 [Not on Bailii, note on Lawtel, not seen full transcript] Ms V was the joint tenant of a private property under an assured short hold...

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Shorthold tenancies and council tax liability

If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax? CT v Horsham District Council (HB) [2013] UKUT 617 (AAC) This...

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Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs

Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the...

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Putting it off

Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty...

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Bedroom Tax: Pre 1996 claims exemption.

Readers may well have seen material going around that suggested that a housing benefit claim that was continuous from pre 1 January 1996 was exempt from the bedroom tax. I have been watching this, but...

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Bedroom Tax: the effect of the pre 1996 claim ‘exemption’.

As set out in the previous post, the DWP has confirmed that 4(1)(a) of Schedule 3 of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 has the effect that any HB...

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Costs in the LVT

The case of Christoforou and others v Standard Apartments Ltd [2013] UKUT 586 (LC) is now rather less important than it would have been, say, 3 years ago, but is still worthy of note. Mr Christoforou...

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Incoming – bedroom tax and more.

Busy day for bits of news. On the bedroom tax, Lord Freud announced in a House of Lords debate today that amending regulations to remove the 1996 claim exemption will be produced in March, though they...

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“Charles Henry & Co”&“Legal Action”

Anyone who encounters ‘Charles Henry & Co’ or ‘Legal Action’ (Not to be confused with Legal Action Group!) in the course of litigation, or has an offer to act for them in court proceedings from...

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Confederacy of Dunces.

I’ve been watching the slow motion catastrophe that is ‘Rent 2 Rent’ [sic] for a while, as have other NL writers. Despite the high profile collapse of the poster boy and cheerleader, Unidaplace, last...

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Mr Ghopee and Barons Finance – Important for any County Court proceedings

We have previously had cause to examine the activities of Mr Dharam Prakash Ghopee, via an assortment of companies, in lending money without a consumer credit licence, at astronomical rates of...

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It’s the way that you use it.

I’ve just received a new First Tier Tribunal bedroom tax decision from Rochdale. This one is interesting because it is the first that I have seen based solely on the tenant’s use of the disputed room....

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HB and Exempt accommodation: unreasonably high rent

I admit that SS v Birmingham CC [2013] UKUT 418 (AAC) has been on my to do list for a while and that, possibly, the main reason for finding the time to write it up is because I’m on a two hour strike...

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‘We are the world’- Brent LBC

One test for establishing succession to a secure tenancy by a gay partner (not being a civil partner) has been established since Nutting v Southern Housing Group Ltd [2004] EWHC 2982 (Ch). This test is...

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Imported words.

The Greeks have a word for it, and if they don’t the Germans can probably knock one together. On the menu for today are hubris, nemesis, Schadenfreude and harmatia. Harmatia Our friends ‘Charles...

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