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This is a rather speculative post, but things have become interesting on the bedroom tax. We reported on one Fife First Tier Tribunal here. There have been another four decisions by the same Tribunal, of which three apparently also resulted in findings that...
Here is a First Tier Tribunal decision on a bedroom tax appeal that overturns the landlord's assertions on bedroom numbers. It is a Scottish case, but nothing turns on that. I'm grateful to Joe Halewood for bringing this to light (though we differ on its...
Don't post in anger, I resolved many years ago. Wait for calm and let any fury in the writing be calculated, I thought. It was, and is, a wise rule. But today I am prepared to make an exception. Today was the day a Lord Chancellor made a public announcement...
Lee v Lasrado [2013] EWHC 2302 (QB) On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court...
A question on tenant's notice to quit, to keep minds occupied during the silly season. Fareham BC v Miller [2013] EWCA Civ 159. (our report here) states in no uncertain terms that the common law position is that a landlord's notice to quit is irrevocable...
The DCLG has trumpeted a new Guide on Council and Police powers on 'Dealing with illegal and unauthorised encampments'. A new guide will give more power and a stronger voice to local residents and councillors to challenge council officers if they claim...
The NL site has been hacked. Apparently it is a widespread hack against WordPress sites (the blogging platform we use) and even though the site was up to date and secured, they got in. The site will be messy for a little while as I put things right. [Update...
Zak Johnson v City of Westminster [2013] EWCA Civ 773 [Not on bailii yet, transcript on Lawtel] When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant's route to challenge a...
Malik v Fassenfelt & Ors [2013] EWCA Civ 798 The idea that an Englishman's home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to...
Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of...
A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial). Leicester Housing Association Ltd...
There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms. Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 Where a deposit was...