Upper Tribunal on bedrooms
There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision,...
View ArticleImpossible Preference: Excluding the homeless from housing lists
R (Jakimaviciute) v LB Hammersmith and Fulham [2013] EWHC 4372 (Admin) [Not generally available yet. I've seen a transcript] This judicial review permission hearing raises very significant issues for...
View ArticleBedrooms in Wales
Another First Tier Tribunal bedroom tax appeal decision, this time from Aberystwyth. The Decision Notice is here (and on the FTT decisions page). No statement of reasons yet, but the decision notice...
View ArticleNo reason for reasons redux
Solihull Metropolitan Borough Council v Khan [2014] EWCA Civ 41 A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the...
View ArticleClik here to view.
Dharam Ghopee and Barons Finance. End of the road?
[Update. 5 Feb 2014. The important Judgment of HHJ Mackie QC that led to the order below is now on Bailii. See this post.] A few days ago, I posted an order made by HHJ Mackie QC in the Mercantile...
View ArticleHousing and Human Rights Round-Up Pt 1
Winterstein v France 17/10/13 (judgement in French only) The applicants in this case were travellers who were part of a community that had occupied land on a site (known as bois du Trou-Poulet) in the...
View ArticleHomeless Counties
A brief note on what I think was a homelessness s.204 appeal, but have only a local newspaper report to go on. The issue was the status of the review officer, and specifically, whether St Albans...
View ArticleGopee & Barons Finance. Return of the Mackie QC
The interim judgment in the Mercantile Court proceedings that gave rise to the Order I posted a few days ago has appeared on Bailli. Barons Finance Ltd & Ors v Numerous Defendants [2014] EWHC 138...
View ArticleNegative Instrument
The DWP has laid the Statutory Instrument amending the benefit regulations to do away with the ‘pre 1996 claim’ exemption to the bedroom tax. It is to come into effect on 3 March 2014, making all those...
View ArticleOn folding beds and sleeping bags
A new bedroom tax First Tier Tribunal decision from Monmouthshire raises some issues on the FTTs’ approach to room use. The decision notice with summary reasons is here (and also on the FTT decisions...
View ArticleDeciding without a decision
R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014 [Lawtel note, no transcript yet] This judicial review is possibly one for the ‘what were they thinking?’ pile. The Claimants...
View ArticleThree to whet your appetite
The higher courts and tribunals have all been having a busy leasehold-related start to the year. None of these are hugely important, hence doing a short collective note on them. The really important...
View ArticleThe Lord Giveth, and the Lord Justice taketh away
Morshead Mansions Ltd v Di Marco [2014] EWCA Civ 96 marks the tragic demise of a clever and useful remedy fashioned by Mann J in the High Court case of the same name (our note here). In brief, ss.21,...
View ArticleSo, do you come here often?
The DCLG has just published new guidance (available here) on promoting mutual exchange. This is, we are told, an under-used process which can bring happiness and joy to landlords and tenants. For the...
View ArticleDischarge of duty by helping eviction.
This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council’s refusal to carry out a review of the method it had decided...
View ArticleBedrooms and a family home
A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds. The decision statement is here (and also on the FTT decisions page)...
View ArticleMoving places
I was reading the report from the Senior President of Tribunals (here) and came across some interesting little bits: (a) The President of the Lands Chamber in his report notes that he now has a power...
View ArticleLegal Advice in Lewisham?
We have been asked to circulate the following. Given the difficulty people face in accessing housing advice and representation in this area, we are very happy to do so. This is for anyone who lives or...
View ArticleHousing and Human Rights Round-Up Pt 2
Pelipenko v Russia 16/1/14 We reported the ECtHR’s decision on the merits here. There now follows the Chamber’s decision on the claim for just satisfaction. The Applicants’ claim for the breaches of...
View ArticleMarch miscellany
A couple of bits and pieces. The DWP has issued a circular in the wake of the Court of Appeal judgment in MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014]...
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