More results...
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...
When should an article 8 defence be raised? And are there different kinds of social landlords, such that the analysis of Article 8 defences in Pinnock and Powell might not be applicable to all? These were questions in Lawal & Anor v Circle 33 Housing...
Following the Upper Tribunal judgment in SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) [our report], the DWP has issued a Circular - HB U6/2014 The thing is that it isn't quite right, in some quite...
Finally, the long awaited Upper Tribunal decision on room size and the bedroom tax has been released. A copy of the decision can be downloaded here. SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) And the...
Cotton & Ors, R (on the Application of) v Secretary of State for Work and Pensions & Ors [2014] EWHC 3437 (Admin) This was the Liberty backed judicial review of the bedroom tax regulations on the basis that the regulations amounted to an article 8...
Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what...
[Update 6/10/14 - got the judgments now. Detailed comment here] This is frustrating! A DWP circular HB U4/2014 contains an annex with notes on four Scottish Upper Tribunal bedroom tax decisions. Two of them I have already addressed here, but the first and...