Our grateful thanks to Alexa Thompson, a pupil barrister at Garden Court North for this note on an Upper Tribunal benefits appeal which may be of significance for many people when they leave temporary or supported accommodation. Thanks also to Tom Royston,...
Bedrooms – hypothetical rather than actual. Bedroom tax and actual use.
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision (our note here) on whether assessment of entitlement to...
Misc – erratum, Bedroom tax and DA, and Tribunal managers and reserve funds
An assortment of things... First an erratum to yesterday's post on the High Court judgment on applications to cancel a debt moratorium. The High Court had held that such an application must be by claim form. I was subsequently pointed at Practice Direction...
Mixed nuts – assorted notes
Various notes, including the possession claim mediation pilot, a 'no DSS' discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental Protection Act notice before prosecution. MHCLG have (slightly...
Bedrooms- how many degrees of door opening?
SSWP –v- JM and Liverpool City Council (HB) (2020) UKUT 337 (AAC) An Upper Tribunal bedroom tax appeal decision that reminds us - or to newcomers, introduces you - to just how Alice in Wonderland things became because the bedroom tax regulations left the...
Discrimination and ‘No DSS’
As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a 'No DSS' policy (meaning a refusal to even consider people claiming housing related benefits - who are often employed...
Hypothetical children and bedrooms
SSWP V WT and Redcar and Cleveland BC (HB) (2019) UKUT 372 (AAC) Very late to this one (I missed it) but a brief note on a doomed attempt in the Upper Tribunal to challenge The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ...
Regulating Risk
Inclusion Housing Community Interest Company v Regulator of Social Housing [2020] EWHC 346 (Admin) I think this is the first judicial review of a regulatory decision by the Regulator of Social Housing and whilst, ultimately, the result is a fairly standard...
Tribunals and human rights
RR v Secretary of State for Work and Pensions (2019) UKSC 52 The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant's human rights has...
Bedroom tax, sanctuary schemes and human rights redux
Case of J. D. and A. v United Kingdom 32949/17 34614/17 The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the...
Hypothetical bedrooms
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 If you can only actually fit one child into a bedroom and you have two children, how many bedrooms should you be allowed under the bedroom tax regulations (Regulation...
Bits of news and things to respond to.
Assorted things... MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 - or as they call it, 'the Homes Act'. There are separate guidance documents for tenants, landlords and local...