Category Archives: Assured Shorthold tenancy

Disrepair: La luta continua!

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

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Let’s all talk about Wales

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.

Housing Law:
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

Also posted in assured-tenancy, Homeless, Housing law - All, Licences and occupiers, secure-tenancy, Various (non-housing) | | Tagged | Leave a comment

March 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] 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

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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 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

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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 haven’t got definite parliamentary time yet. (Not got a permanent Hansard link yet)

Lord Freud:

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

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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 was an appeal to the Upper Tribunal from the benefits First Tier Tribunal. It was actually an appeal on Council tax Benefit eligibility, but has considerable significance for Council tax liability of (non-resident) tenants.

The Claimant had been an assured shorthold tenant since 1997. By at least February 2008, the tenancy had become a statutory periodic tenancy (probably back in 1997/8 as there do not appear to have been any ‘renewal’ tenancies.) She … Read the full post

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