An obligatory discretion?

Rutherford & Ors v Secretary of State for Work And Pensions [2014] EWHC 1613 (Admin) This was the judicial review, supported by CPAG, of the failure of the bedroom tax regulations to address the position of tenants where a bedroom was needed for overnight carers for a child. The only statutory ‘exemption’ is for overnight […]

Bedrooms, tribunals and article 14

Today brought a torrent of (well, two) First Tier Tribunal bedroom tax/LHA appeal decisions. Both are decisions on Article 14 grounds, and in one case, there is a detailed set of reasons for distinguishing MA & Ors, at least at High Court level. A Brighton decision notice, finding that imposing one bed LHA rate on partners […]

More Bedroom Tax FTT cases.

A couple more FTT appeal decisions, also added to the FTT decision page. Liverpool – room size decision [Decision notice], 52 sq ft too small to be a bedroom, supported by photos. Also notably decides that HHSRS standards apply to social housing as well as HMOs. (This is a bit confused, because of course the […]

Dining (bed) rooms

Just to note that a couple of First Tier Tribunal decisions from Glasgow have been added to the FTT decisions page (and can be downloaded here). In both the FTT decided that the use of a downstairs room as a dining room was long established, since the commencement of the tenancy and reasonably necessary for […]

Bedroom tax news

The Liberty backed Judicial Review of the bedroom tax on grounds of Art 8 discrimination against separated families has been given permission. There have been a few FTT decisions on this ground (see the FTT decisions page), so the JR will be quite decisive. The CPAG/Rutherford Judicial Review, on disabled children needing overnight care, is […]

Ignoring the Court of Appeal?

[Update 9 June 2014. The Statement of Reasons in this case is here. Well worth considering.] There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on […]

Child’s rooms and odd rooms

I’ve added a couple of new bedroom tax First Tier Tribunal decisions to the FTT page. There is a Newcastle decision (Reasons here. Known as the Isos decision after the landlord who supported the appeal) which is a separated family decision. The appellant’s son stayed some 4 nights a week with him, but the mother […]

Room use and Uratemp

A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument. The decision notice is here (HT Speyejoe). The appellant had moved into the ‘3 bedroom’ property on marriage. He and his wife had lived there. A second room was used as a bedroom for her daughters […]

Bedroom tax notes, only just out of date.

I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA & Ors and the benefit cap judgment in SG & Ors, R (on the application of) v Secretary […]

March miscellany

A couple of bits and pieces. The DWP has issued a circular in the wake of the Court of Appeal judgment in MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014] EWCA Civ 13 (Our report coming soon, honest).  The Circular, U2/2014, contains what is effectively an […]