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...
Shared care isn’t occupation as a home.
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...
Hot, hot, hot
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...
Not quite, Minister
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...
The elephant in the bedroom
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)...
Separated families and bedroom tax
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...
Christopher Chope MP makes a generous offer
The Justice Select Committee heard oral evidence on housing legal aid after LASPO today, 21 October 2014. Representatives from HLPA, Shelter and Garden Court Chambers gave evidence. The recording is here, if the video below doesn't work. In the...
Etcetera.
A few bits. There are four new FTT bedroom tax decisions on the FTT page, including one from Manchester where subsidence was classed as a 'natural catastrophe' for the purposes of continuity of property for the 1996 exemption. There are two room...
Bedroom Tax: Upper Tribunal on Article 14
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,...
Not enough information: Bedroom tax and disability discrimination
[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...
Bedroom tax bits
Here are couple of new First Tier Tribunal decisions (also on the FTT decisions page). A room use decision from St Helens - a room which had been used since the start of the tenancy as a dressing room/home office, and where a sewing machine was...
Tribunals and Reviews and Appeals. Oh My!
I did a talk at a conference on the topic of legal issues about the bedroom tax, it was basically a critical overview of the higher courts and tribunal (FTT and UT) cases. In case they are useful or vaguely interesting, my notes are here. (No jokes...