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Any keen follower of housing law (no laughing for those of you who have stumbled across this blog for the first time; we do exist) will know that the decade long struggle surrounding the admissibility of the Article 8 defence culminated mainly in...
I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA & Ors and the benefit cap judgment in SG...
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,...
Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world (see here, here and here for our other notes). Andrew Smith J (who you may remember was one of...
Pelipenko v Russia 16/1/14 We reported the ECtHR's decision on the merits here. There now follows the Chamber's decision on the claim for just satisfaction. The Applicants' claim for the breaches of Art 6 and Art 8 broke down into 4 parts: 1. the...
We have been asked to circulate the following. Given the difficulty people face in accessing housing advice and representation in this area, we are very happy to do so. This is for anyone who lives or works in the borough of Lewisham. You will know...
I was reading the report from the Senior President of Tribunals (here) and came across some interesting little bits: (a) The President of the Lands Chamber in his report notes that he now has a power to make a protective costs order in cases where...
A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds. The decision statement is here (and also on the FTT decisions page) The Applicant was separated from his partner in...
This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council's refusal to carry out a review of the method it had decided upon to discharge its full housing duty. Still...
The DCLG has just published new guidance (available here) on promoting mutual exchange. This is, we are told, an under-used process which can bring happiness and joy to landlords and tenants. For the latter, it is a more realistic option for...
Morshead Mansions Ltd v Di Marco [2014] EWCA Civ 96 marks the tragic demise of a clever and useful remedy fashioned by Mann J in the High Court case of the same name (our note here). In brief, ss.21, 22, Landlord and Tenant Act 1985 entitle...
The higher courts and tribunals have all been having a busy leasehold-related start to the year. None of these are hugely important, hence doing a short collective note on them. The really important cases will come later this year (Phillips v...