This is a rather speculative post, but things have become interesting on the bedroom tax. We reported on one Fife First Tier Tribunal here. There have been another four decisions by the same Tribunal, of which three apparently also resulted in findings that...
Of bedrooms that aren’t
Here is a First Tier Tribunal decision on a bedroom tax appeal that overturns the landlord's assertions on bedroom numbers. It is a Scottish case, but nothing turns on that. I'm grateful to Joe Halewood for bringing this to light (though we differ on its...
Shelter and shared ownership
I want to put this post in context: (a) I write this post for myself and do not necessarily speak on behalf of the other NL writers. (b) I have enormous respect for Shelter. I have friends who work there. I make regular donations to Shelter. We have lots of...
Flats less risky
At least less risky for property investors. That is the basis of the Upper Tribunal's decision in Voyvoda v Grosvenor West End Properties, which we have managed to miss reporting because of the Summer break. Voyvoda is all about the "deferment rate" used in...
The Master across the water
Santander (UK) Plc v McAtamney and other cases [2013] NIMaster 15 is, as the neutral citation should reveal, a case from Northern Ireland, decided by a Chancery Master. It is not, therefore, a binding authority on the law of England and Wales. Nevertheless,...
It wasn’t me.
Lee v Lasrado [2013] EWHC 2302 (QB) On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court...
A broader view
I can't speak for the other NL writers, but one of the things I sometimes struggle with is making sure that I see housing law in its full context, by which I (think I) mean, making sure that I make myself aware of external sources of inspiration and ideas...
Better Late than Never?
Peake v LB Hackney [not yet on Bailii] is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit. Ms P was found intentionally homeless by the Council following the surrender of a tenancy of...
Ending it all. Or not.
A question on tenant's notice to quit, to keep minds occupied during the silly season. Fareham BC v Miller [2013] EWCA Civ 159. (our report here) states in no uncertain terms that the common law position is that a landlord's notice to quit is irrevocable...
Dog whistles
The DCLG has trumpeted a new Guide on Council and Police powers on 'Dealing with illegal and unauthorised encampments'. A new guide will give more power and a stronger voice to local residents and councillors to challenge council officers if they claim...
Human Rights Round-up
3 cases have recently been decided by the ECtHR Chamber Busuioc v Republic of Moldova [2013] ECHR 684 (16/7/13) The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State's failure to protect her and her two children under the...
Time isn’t on your side
as the Rolling Stones didn't quite say. In Re 28 Pallant House [2013] UKUT 327 (LC), the Upper Tribunal was faced with an application for permission to appeal out of time. The appellant was the long leaseholder of a flat; LB Southwark was her landlord. There...