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Busy day for bits of news. On the bedroom tax, Lord Freud announced in a House of Lords debate today that amending regulations to remove the 1996 claim exemption will be produced in March, though they haven't got definite parliamentary time yet. (Not got a...
If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax? CT v Horsham District Council (HB) [2013] UKUT 617 (AAC) This was an appeal to the Upper Tribunal from the benefits...
Watson v Simpson Croydon County Court 4 October 2012 Not a stunningly important appeal to a Circuit Judge, this one, but a useful case to be able to wave around on costs. Ms Simpson was a private AST tenant of Mr Watson, whose tenancy had become a statutory...
Spencer v Taylor [2013] EWCA Civ 1600 This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and...
In other bedroom tax news, the DWP has issued a Circular to Local Authorities on The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 - the new regulations implementing the Gorry judgment on LHA and housing...
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 High Court...
I didn't comment here on Eric Pickles announcement of a 'Tenants Charter' at the Tory conference because, on inspection of the DCLG press release, it looked like a burp of a soundbite, with absolutely no significant likely effect. I contented myself with...
The questions raised about how the Coalition were going to implement Cameron's proposal that private landlords should check the immigration status of their future occupiers have now been answered in part by the Home Office Consultation Paper, Tackling...
Last Thursday night, BBC 1 broadcast Meet the Landlords. It's still available on Iplayer, here. It just confirms my view that - save for limited circumstances - one person should not be allowed to own the home of another. Others may have different reactions...
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...
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...