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...
“Mere likelihood” not enough to engage section 149
Swan v Gill [2013] EWCA Civ 1566 apparently attracted quite a bit of attention at the HLPA conference this year, the general consensus being that the Court of Appeal was wrong in its approach to s.149 Equality Act 2010 and I’m inclined to agree. Mr Gill, an...
Bedroom tax decisions update
There are two new First Tier Tribunal bedroom tax appeal decisions on the FTT decisions page, at the bottom. One from Liverpool and one from Edinburgh. Both are Article 14 discrimination based, with disabilities meaning a bedroom could not be shared, one...
‘Gorry’ Regulations Guidance
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...
Not home alone.
A quick note on a succesful bedroom tax First Tier Tribunal decision in Islington. Unfortunately there is no statement of reasons [Update 21/01/2014 - Statement of reasons and adviser submissions are here] and the decision notice, which I have seen, says...
Trust No-one
The DWP issued a bedroom tax related circular on 30 October 2013. HB U7/2013. The full text is below. Removal of the spare room subsidy – First tier Tribunal decisions Background 1. Generally local authorities (LAs) initiate appeals to the Upper Tribunal...
POSHFA!
The Prevention of Social Housing Fraud Act comes into force tomorrow (Tuesday 15 October 2013) in England only. The text of the Act is here. A key point is the introduction of 'Unlawful Profit Orders', which get around the decision of the Court of Appeal in...
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 tax. While...
The (absence of) reasons in Redcar
You may well have seen or heard press stories on a First Tier tribunal bedroom tax appeal decision in Redcar and Cleveland. There has been a lot of excitable comment about it representing a 'landmark appeal' and 'hope for 440,000 disabled'. Even the tenant's...
Bedroom tax FTT page
As reports of FTT bedroom tax decisions are coming in thick and fast, I've set up a page with a list to keep them in one place. It includes press reports where no decision is available. Significant decisions where a written decision is available will...
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 14, read...
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 people at...