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Secretary of State for Work and Pensions v Payne & Cooper (test case) [2011] UKSC 60 This is a decision of the Supreme Court. It considers the issue of whether deductions in respect of Social Fund Loan repayments and overpaid benefits can continue to be...
The Chartered Institute of Housing and the Guardian have put together the results of a survey into the effect of the housing benefit/LHA limits and the pegging to the bottom third of market rents coming into force in January. Specifically the survey looks at...
Chesterfield BC v Bailey is a highly instructive case heard at first instance by Recorder Tilbury in the Derby County Court. We thank Philip Barber of Zenith Chambers for providing us with a transcript of the judgment. The Defence was run by Chesterfield Law...
Tolui v London Rent Assessment Panel [2011] EWHC (Admin), [2011] All ER (D) 126 (Dec) [On Lawtel, not on Bailii yet] Or how not to go about challenging a Rent Assessment Panel decision. Mr T is the landlord of a rent act protected tenancy. In 2009 he applied...
We have previously commented on various housing and homelessness developments in Wales. These have been individual interventions into homelessness and the legislative competence order giving legislative housing powers to the Assembly. Moves are now afoot...
Happy new year to all who read, comment on or write for Nearly Legal! This is usually a moment to take stock of the past year and look forward to the next, but I'm feeling far too lazy to do it properly. Luckily, the DCLG have made the task easier by...
Denry Okpor v London Borough of Lewisham, Bromley County Court 25 October 2011 [Transcript not publicly available] This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made...
Southwark LBC v Leaseholders of the London Borough of Southwark [2011] UKUT 438 (LC) [not yet on bailii] was an appeal brought by Southwark against the decision of the LVT (our report here) not to grant them dispensation from complying with the requirements...
Just when I thought we weren't going to have a seasonal story this year. Westminster Council have ridden to the rescue. A new proposal, announced by the eminently sane and reasonable Councillor Phillipa Roe, is that from April 2013, Westminster are to...
Hot on the heels of the KN v Barnet report is the Court of Appeal judgement in R (CJ) v Cardiff CC [2011] EWCA Civ 1590 (judgement handed down on 20/12/2011). The High Court proceedings were reported here. The important aspect of this appeal is the way the...
Regular readers may have noted that these pages have been quiet on the subject of age assessments and the entitlement to services under the Children Act 1989. The fact-finding hearing in The Queen (KN) v LB Barnet [2011] EWHC 2019 (Admin) was heard as long...
In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting...