Category Archives: FLW article

Trouble out west

In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court?  Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth.  The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches.  The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been … Read the full post

Also posted in FLW case note, Homeless, Housing law - All | | Tagged , , | 1 Comment

‘We told you so’ corner

The DWP has very belatedly issued the interim review of the bedroom tax (under occupation penalty, removal of the spare room subsidy, whatever). The document can be found here, based on a survey for the period to April/Nov 2013.

And the results are… entirely predictable to everyone but the DWP.

Some headlines…

Social landlord rent arrears rose by 16% between April 2013 and November 2013. The report can’t quite bring itself to pin this on the bedroom tax, although noting that this was not a period of the year when arrears have traditionally risen, “it must be emphasised that the cause of this is uncertain and we cannot directly … Read the full post

Also posted in assured-tenancy, Benefits, Housing law - All, secure-tenancy | | Tagged | 10 Comments

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, desperate to find somewhere in the middle of the worst accommodation shortage in London for many, many years, will choose to avoid a ‘non-Boris’ landlord. This is of dubious worth, but no matter, what concerns us here is what followed that announcement. Bear with me, because it is worth it in the end.

At the next London Assembly Questions to Boris session, Andrew Dismore, Labour Assembly member for Barnet and Camden (oh yes, Barnet), wanted to ask Boris … Read the full post

Also posted in Assured Shorthold tenancy, Benefits, Housing law - All | | Tagged , | 24 Comments

The 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 May 14, 2014 and, as is obviously the case for an immigration act, it contains significant new developments in housing law in Pt.3, Ch.1 (“Access to Services Etc / Residental Tenancies”). The developments are odious and badly thought out, as I’ll try and explain.

Disqualified potential occupiers

Section 21 introduces the concept of the person who is, by virtue of his immigration status, “disqualified” from “occupying premises under a residential tenancy.” A “residential tenancy” is any … Read the full post

Also posted in Assured Shorthold tenancy, Housing law - All | | Tagged , | 21 Comments

Tweets 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 was also a opportunity to play claim/offence bingo.

So, under disrepair…

Read the full post
Also posted in Assured Shorthold tenancy, Deposits, Housing law - All, Possession, Unlawful eviction and harassment | | Leave a comment

Dining (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 room as a dining room was long established, since the commencement of the tenancy and reasonably necessary for use of the property. In both cases, the kitchen was assessed as being too small to be used for dining purposes. In one case the room was also used to store a mobility scooter and wheelchair. In both cases, the room was assessed as not a bedroom for the purposes of the bedroom tax.… Read the full post

Also posted in assured-tenancy, Benefits, Housing law - All, secure-tenancy | | Tagged | Leave a comment