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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...
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...
This was a judicial review of LB Enfield's plans for borough wide additional HMO licensing and selective licensing of all PRS properties. It did not go well for Enfield, who appear to have not quite grasped the consultation requirements. Regas, R (On the...
Before we resume our usual erratic service after the holidays*, time for the usual end of year review. Astonishingly, visits to NL continue to increase. I thought we had pretty much reached saturation - and thus a plateau - for what is a niche readership....
When should an article 8 defence be raised? And are there different kinds of social landlords, such that the analysis of Article 8 defences in Pinnock and Powell might not be applicable to all? These were questions in Lawal & Anor v Circle 33 Housing...
As will be clear, P (A Child: Use of S.20 CA 1989) [2014] EWFC 775 is a family law case, but one which crosses with housing law. My suggestion is that it sadly shows that Family lawyers, and indeed Family judges really need housing lawyers with them at all...
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...
As we head into the holidays and the weather turns cold, it is about the time that we usually make a pointed suggestion. We do what we do on this site for free. No payment is received from any source. (And also Tessa Shepperson rather wonderfully provides...
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...
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...
It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB...
Sims v Dacorum Borough Council [2014] UKSC 63 If there is a positive to take from this, it is that it is a Supreme Court judgment that won't take long to discuss. The issue of the rule in Monk that notice by one joint tenant determines the whole tenancy came...