Götterdämmerung

Well, featuring fire and flood at least. As we’ve noted before, the ‘1996 exemption‘ to the bedroom tax only applied if one was in the same property or if: the dwelling so occupied was not the same by reason only that the change was caused by a fire, flood, explosion or natural catastrophe rendering the dwelling occupied […]

An obligatory discretion?

Rutherford & Ors v Secretary of State for Work And Pensions [2014] EWHC 1613 (Admin) This was the judicial review, supported by CPAG, of the failure of the bedroom tax regulations to address the position of tenants where a bedroom was needed for overnight carers for a child. The only statutory ‘exemption’ is for overnight […]

Approximate grounds

Masih, R (on the application of) v Yousaf [2014] EWCA Civ 234 When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be? In this case, reaching the Court of Appeal via a slightly convoluted route as an […]

Bedrooms, tribunals and article 14

Today brought a torrent of (well, two) First Tier Tribunal bedroom tax/LHA appeal decisions. Both are decisions on Article 14 grounds, and in one case, there is a detailed set of reasons for distinguishing MA & Ors, at least at High Court level. A Brighton decision notice, finding that imposing one bed LHA rate on partners […]

More Bedroom Tax FTT cases.

A couple more FTT appeal decisions, also added to the FTT decision page. Liverpool – room size decision [Decision notice], 52 sq ft too small to be a bedroom, supported by photos. Also notably decides that HHSRS standards apply to social housing as well as HMOs. (This is a bit confused, because of course the […]

Dining (bed) rooms

Just to note that a couple of First Tier Tribunal decisions from Glasgow have been added to the FTT decisions page (and can be downloaded here). In both the FTT decided that the use of a downstairs room as a dining room was long established, since the commencement of the tenancy and reasonably necessary for […]

Bedroom tax news

The Liberty backed Judicial Review of the bedroom tax on grounds of Art 8 discrimination against separated families has been given permission. There have been a few FTT decisions on this ground (see the FTT decisions page), so the JR will be quite decisive. The CPAG/Rutherford Judicial Review, on disabled children needing overnight care, is […]

Ignoring the Court of Appeal?

[Update 9 June 2014. The Statement of Reasons in this case is here. Well worth considering.] There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on […]

Disrepair: La luta continua!

2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or […]

Disrepair: Damp and quantum

Following on from this post on disrepair counterclaims and as a precursor to a substantial post on disrepair quantum to follow very soon(ish), this is a County Court Judgment on an assessment of quantum hearing on 28 March 2014 (there was a default judgment in October 2013). Clark v Affinity Sutton Homes Ltd. Barnet County […]