Ending flexible tenancies – a reminder

We don’t usually (indeed ever) repost previous material on NL. But I’m making an exception for this one, because I think it is timely. Flexible tenancies have been in existence for a while in some boroughs and I would expect that it is round about now that possession proceedings for a fault based grounds (rather […]

Bedroom tax and sanctuary schemes

A quick note to record that the judicial review of the bedroom tax regulations as being discriminatory on the basis that a ‘panic room’ equipped for domestic violence victims was classed as a ‘spare bedroom’ failed. The judgment does not appear to be on Bailii, but a DWP bulletin records the case. Unsurprisingly, the fact […]

Shared care isn’t occupation as a home.

A short Upper Tribunal decision has put an end to bedroom tax appeals based on the ‘part-time’ residence of a child of a separated family with shared care. MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) The FTT in […]

Disrepair damages update

With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013 Claimant had been the protected tenant of a […]

Hot, hot, hot

Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot. Thanks […]

Asking for relief

This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting. Cutler v Barnet LBC [2014] EWHC 4445 (QB) [Not on Bailii yet, we’ve seen a transcript]. Ms C had been Barnet’s secure tenant. Barnet served Notice to Quit on alleged non-occupation […]

Not quite, Minister

Following the Upper Tribunal judgment in SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) [our report], the DWP has issued a Circular – HB U6/2014 The thing is that it isn’t quite right, in some quite important ways. Text and comments below. HB Bulletin U6/2013 provided details […]

Conscious Re-coupling and Succession

In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a […]

The elephant in the bedroom

Finally, the long awaited Upper Tribunal decision on room size and the bedroom tax has been released. A copy of the decision can be downloaded here. SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) And the upshot? Well, frankly a bit of a mess. The […]

How much?! Damages for unlawfully evicted secure tenants

Loveridge v London Borough of Lambeth [2014] UKSC 65 So, if a local authority unlawfully evicts a secure tenant (and yes, it happens) what should the measure of damages be? Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a valuation exercise, governed – so far as is relevant to this […]