Just walk away (beforehand)

A very belated (and brief) note on Arnold v Britton & Ors [2015] UKSC 36, as I have just realised we didn’t cover it. A shameful omission. Our note on the Court of Appeal decision is here. Briefly, the issue was that lease clauses for some (but not all) holiday chalet leases in the Gower effectively […]

Forthcoming Attractions

Happy new year, if at all possible. Some things to await – if not necessarily look forward to – in 2016 (mostly in England). January Possibly will see the Supreme Court judgment in Samin v Westminster CC on EU eligibility for housing. Heard in March 2015. February 1 February 2016 – the ‘right to rent’ […]

Fugit inreparabile tempus*

As 2015 comes to a dark, stormy close, with the roof making ominous noises and the sofa surrounded by sandbags, it is with a grim inevitability that we come to the ‘end of year post’. The end of the year may customarily reek of gin and regrets, a time of self flagellation and half-formed vows […]

Clarity and contractual costs in leases

Geyfords Ltd v O’Sullivan & Ors [2015] UKUT 683 (LC) The issue of the recovery of lessors’ costs of county court and/or Tribunal proceedings from lessees under the service charge has been a hot topic of late. And it seems that there is something of a trend of lessors trying to recover costs under service […]

Freeholders behaving badly and FTT managers

Queensbridge Investments Limited v Lodge & Ors [2015] UKUT 635 (LC) There was quite a simple question at issue in this Upper Tribunal (Land Chamber) appeal – could the FTT appoint a manager to the whole of a building which contained a leased commercial unit as well as three leased residential units? But it is […]

Discretion, lip service and s188(3)

Barrett, R (On the Application Of) v City of Westminster Council [2015] EWHC 2515 (Admin) We’re very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to provide interim accommodation pending s.202 review. Ms B is 58 years old and is […]

Bedroom tax updates

Assorted bedroom tax related items, while we wait for the Supreme Court to hear MA & Ors… In case number CH_2391_2015, the Upper Tribunal has ruled that an annual re-rating of housing benefit entitlement is a fresh decision each time, capable of being appealed. In this case, an appeal of a bedroom tax deduction in […]

Ealing Comedy

R (on the application of A) v Ealing London Borough Council (2015) QBD (Admin) (Patterson J) 16/12/2015 (Not on Bailii yet, note on lawtel) Back in August, Ealing’s allocation policy was found to be unlawful in HA, R (On the Application Of) v London Borough of Ealing [2015] EWHC 2375 (Admin) (our note). In fact it was found […]

Job Ad, London Barrister

1MCB Chambers of John Benson QC is a progressive and multi-disciplinary set, committed to providing excellent representation to the most vulnerable members of society. We are actively seeking a barrister of over seven years’ call to join our expanding housing and community care team.  Successful applicants should expect to help with chambers’ expanding workload alongside […]

Bedroom farce

Mr Jones: […] We want housing association landlords and tenants to reap the benefits from shorter-term tenancies as well. However, we clearly need to consider any changes to housing associations in the light of the recent decision of the Office for National Statistics on classification. We are working through the ONS reclassification decision and considering […]