There was an interesting case-note on Lawtel this week which I suspect most of you saw. The case was LB Enfield v Phoenix and others, High Ct, March 19, 2013, and seemed to concern the circumstances in which a possession claim can properly be...
All the blog posts, most recent first
Tell me a storey
London Borough of Islington v The Unite Group Plc [2013] EWHC 508 (Admin) This is an interesting appeal in relation to the counting of storeys for HMO licensing purposes. It actually repeats an argument dealt with in an appeal in a criminal...
In the teeth of it …
In El-Dinnaoui v Westminster CC [2013] EWCA Civ 231, the Court of Appeal found that the offer of a flat on the 16th floor of a block to a household which contained a person with fear of heights was perverse. The offer of accommodation was "in the...
Article 8, Undue Influence and much, much more…
The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech's parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham...
A brief interlude: The gov.uk disaster
While my NL colleagues are reporting hard law and dealing with lots of important stuff, with so much more to come, I have but a mere puff to offer for a Friday afternoon. It's about the new government website to which departments, including DCLG,...
Bedroom Tax: Shifts, U-turns and rumours
Now that was a busy day on the Bedroom Tax front, complete with a parliamentary statement, new DWP Guidance to Local Authorities, rumours and conjecture. Let us start with the definite bits. The new Guidance on disabled children unable to share a...
Would you like ketchup with that hat?
Ok. Confession time. For the last year or so, I have been confidently predicting (often vocally and to unsuspecting passers-by) that the landlord would lose its appeal in Daejan Properties Ltd v Benson [2013] UKSC 14. Well, the landlord won.* And...
The Tolerated Trespasser Rides Again!
OK, so the title of this post may be an exaggeration of what is only a passing reference to an old friend in Fareham BC v Miller [2013] EWCA Civ 159. But it is interesting to see it used as part of the 'nuts and bolts' of an Article...
Catching up with the LVT
Sorry (both to readers* and the rest of the NL team) for the delay in getting these done. We've had a few Upper Tribunal (Lands Chamber) cases over the last few weeks and I've been rather less efficient than I had hoped. So, here goes. LB Southwark...
Guest post by CPAG – disabled children and bedroom tax
Disabled children – “exempt” from the bedroom tax? At Prime Minister’s Questions on Wednesday [6 March 2013] David Cameron claimed that “anyone with severely disabled children is exempt from the spare room subsidy”, more commonly known as the...
Bedroom tax first JR?
Just a quick post to note that a Judicial Review of the bedroom tax regulations was apparently issued on Friday 1 March 2013. From this report, it appears that the grounds are along the lines of Burnip, as I suggested here, in that the basis is...
Residing together, apart.
Sharif v The London Borough of Camden [2013] UKSC 10 Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation? In this case, the Court of Appeal had said yes...