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Spielplatz Ltd v Pearson & Anor [2015] EWCA Civ 804 It would be easy to make smutty jokes during this post…and be in no doubt that I will do so! However, that should not detract from what is a pretty key decision in the crucial question of whether a...
The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside. In...
With thanks to Joe Halewood, comes news of this very interesting First Tier Tribunal bedroom tax appeal. In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report],...
A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT...
Now that the new pre-action protocols are sort of available, and have been in force since 6 April 2015 even when they were not available, people are having a look at them. And coming up with some issues. The new Pre-action Protocol for Possession Claims by...
Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an...
Two quite different sets of secondary legislation. First: there is a new prescribed form for section 6(2), section 8 and section 13(2) notices for assured (including shorthold) tenancies from 6 April 2015. The regulations are here and the prescribed forms...
In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd [2014] EWCA Civ 906 (our note here) to a possession claim...
A quick note to record that the judicial review of the bedroom tax regulations as being discriminatory on the basis that a 'panic room' equipped for domestic violence victims was classed as a 'spare bedroom' failed. The judgment does not appear to be on...
A short Upper Tribunal decision has put an end to bedroom tax appeals based on the 'part-time' residence of a child of a separated family with shared care. MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax...
With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. Armes v Wheel Property Co Ltd, Clerkenwell and...
Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant's appeal on the basis, in part, that the room is inadequately...