Bedroom tax and landlord’s bedroom count – UT again

The Upper Tribunal (Administrative Appeals) seems to have taken an opportunity to re-state, in clear terms, one of the findings of SSWP v David Nelson and Fife Council [2014] UKUT 0525 (AAC) [Our report here]. The key issue was the extent to which the benefit authority can rely on the landlord’s designation of the number of bedrooms. […]

Discrimination between death and divorce?

Samawi v Haringey LBC, Claim no: A01EC488, 3 July 2015 Central London County Court Thanks to an Arden Chambers eflash comes news of a County Court case with interesting potential repercussions, albeit probably some way down the line. Mr Samawi was in many respects, a failed second successor. His father had been granted a secure […]

Wherever I lay my hat… Residence tests for allocation policies

HA, R (On the Application Of) v London Borough of Ealing [2015] EWHC 2375 (Admin) This is, I think, a very significant case for all Councils who have or are considering setting residence requirements in their allocation policies. Like quite a few councils, certainly in London, LB Ealing changed its allocation policies for Part VI […]

IT wasn’t

In Wandsworth LBC v Tompkins [2015] EWCA Civ 846, Wandsworth had purported to grant Mr and Mrs Tompkins an introductory tenancy of a property; only, as the Court of Appeal found, it wasn’t an IT because it couldn’t be.  Mr and Mrs Tompkins had made a homelessness application.  There was some toing and froing on […]

Bedroom Tax and separated families – UT again

The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside. In this appeal tribunal, the appellant was represented, which was a problem in MR. But short, the UT found […]

A home without a household

With thanks to Joe Halewood, comes news of this very interesting First Tier Tribunal bedroom tax appeal. In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report], we saw the Upper Tribunal accept the DWP argument on the position of […]

A blind eye to Nelson

A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) – our report). Given that we appear to be […]

Rents and Equality. Barnet, again.

It appears that Barnet Council (via the Mayor’s casting vote) are determined to carry on with their  plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest. We previously spent some time on why this was a bloody stupid idea, given the […]

Protocol Problems

Now that the new pre-action protocols are sort of available, and have been in force since 6 April 2015 even when they were not available, people are having a look at them. And coming up with some issues. The new Pre-action Protocol for Possession Claims by Social Landlords, (at page 108 on in this PDF, which […]

No duty of care in allocation decisions

Darby (administratrix of the estate of Lee Rabbetts deceased) v Richmond Upon Thames LBC [2015] EWHC 909 (QB) [Not on Bailii, we’ve seen the judgment]. Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of […]