R (on the application of MK) v Barking and Dagenham London Borough Council [2013] EWHC 3486 (Admin) [Judgment on Lexis, not on Bailii yet] A judicial review raising the extent of a Council's duties and powers under s.17 Children Act 1989 and s.1...
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More children and housing duties
AT & Ors v London Borough Of Islington [2013] EWCA Civ 1505 We are a bit late with this one, but while we are on the interrelation of duties to children and housing duties, this was an an application for permission to appeal a judicial review...
Sleepwalking into error
I've posted before about the vexed issue of s.81, Housing Act 1996 and default judgments (see here for the most recent county court case; note also the comments to that post which explain that Woodfall has changed its mind). Well, we now have...
Who’d be a judge?
I've just been reading Ahmed and others v Mahmood and others [2013] EWHC 3176 (QB) (Lawtel only I think) and I'm totally confused. If anyone who was in the case can help, I'd be very grateful. The defendants lived in a property owned by the...
Don’t ignore the Court of Appeal
Or, 'It wasn't me, it was the bailiff'. Choudhury v Garcia [2013] EWHC 3283 (QB) (June 2013) [Not on Bailii. We have transcript] A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and...
Article 14 in Hereford
A proper note to follow, but there has been a significant First Tier Tribunal appeal in a bedroom tax related case in Hereford. The decision is here (and also on the FTT decision page in the menu above). This is an LHA decision, not on the bedroom...
Ye’ll tak’ the high road*
As First Tier Tribunal bedroom tax decisions go, this one is a corker. Glasgow FTT has decided that the Regulations as applied to a severely disabled woman who could not share a bedroom with her partner amounted to an unjustified breach of Article...
And another one…
Another bedroom tax judicial review has just been issued. CPAG are acting in a judicial review by Paul and Susan Rutherford. Their grandson, Warren, suffers from grave cognitive and physical disabilities and requires 24 hour care by at least two...
Flats less risky
At least less risky for property investors. That is the basis of the Upper Tribunal's decision in Voyvoda v Grosvenor West End Properties, which we have managed to miss reporting because of the Summer break. Voyvoda is all about the "deferment...
It wasn’t me.
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...
Bedroom tax JR
The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was...
No-one to talk to
BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC B10 (Ch) is important and deserves much wider coverage than it has otherwise got. Before turning to the facts, lets just remind ourselves of the provisons of ss 20, 20ZA, Landlord and Tenant...