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Category Archives: Assured Shorthold tenancy
2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).
For those carrying out disrepair claims under Conditional Fee Agreements, success fees ceased being recoverable from the Defendant, as did ATE premiums, but, despite … Read the full post
We don’t often publicise events here, but given that this one involves at least couple of the NL team, we are damn well going to.
The Welsh Devolution Effect
1st May 2014
Cardiff Law School, Museum Avenue, Cardiff, CF10 3AX
A one day conference run by the University of Bristol Law School, Anthony Gold, and Arden Chambers examining the two major housing Bills in Wales, the Housing (Wales) Bill and the Renting Homes (Wales) Bill.
The Welsh Government is carrying through a substantial legislative programme reforming all aspects of housing and tenancy rights and responsibilities. These significant changes will ultimately lead to an effective separation of Wales … Read the full post
The answer appears to be when it is only for access!
We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case stated and so the High Court has produced a definitive view.
The facts, briefly, were that Digs owns a series of properties in Bristol which are predominantly let to students. This property is a five storey property which is divided into two two storey maisonettes. The fifth storey is the basement which is not used and forms now part of this case. The case … Read the full post
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  EWCA Civ 13 (Our report coming soon, honest). The Circular, U2/2014, contains what is effectively an admission that it is only the increased DHP funding that is keeping the bedroom tax from being unjustified discrimination:
The Court of Appeal also noted that the DHP scheme was different from the one considered by the Court in Burnip as the fund had been increased, the guidance had been altered and the Secretary of
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 autumn, owing many thousands (and the simultaneous vanishing of the boss, Daniel Burton, until tracked down by Channel 4 news), there are still plenty of people entering into these arrangements.
Why? Well, the promise to the property owner/landlord is of a fixed reliable rent for an extended period, and not having to do things like deal with tenants, managing agents and the like. In fact, they can just sit back and let the reliable rent … Read the full post
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 haven’t got definite parliamentary time yet. (Not got a permanent Hansard link yet)
My Lords, I can tell the noble Lord that the numbers involved in this anomaly are small and the amounts are modest. We have put guidance out to local authorities and we intend to regularise the matter through regulations in March.
I have received another bedroom tax First Tier Tribunal appeal decision, from Liverpool. This is a successful appeal … Read the full post