No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on...
A short note on leasehold costs
The UT(LC) has published an addendum to Daejan Properties Ltd v Griffin [2014] UKUT 206 (LC) (our note here). The substantive case was about historic neglect. In outline, the leaseholders had won in the FTT and the UT overturned the decision, The UT invited...
Costs and forfeiture
Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber). It came out a few weeks ago and I've been promising to do it since then. Sorry. You'll be aware that most, if not all leases, have a...
On the Naughty Step: Incredible Landlords and the buzzy DCLG
It is hard for a civil servant, with a predisposition to reticence, obfuscation and paper, to know what to do in an age where ‘amazeballs’ and ‘bedroom tax’ have entered the Oxford English Dictionary, and even the dictionary is only available online. How,...
Simply unacceptable
Most, if not all, of the London-based readers of this blog will have experience of the "unassigned list" at Central London County Court. In short, a number of cases (today, as I understand it, at least three s.204 apppeals and a sub-letting possession...
Anti-social behaviour – advance guidance
Given that most of the Anti-Social Behaviour, Crime and Policing Act 2014 is not yet in force, including the provisions which empower the Secretary of State to issue statutory guidance, it seems slightly odd that statutory guidance which purports to have...
Indecent homes and major works charges
The DCLG has released the "Social landlords reduction of service charges: mandatory and discretionary directions 2014", in force as of today, 12 August 2014. The upshot of the mandatory directions is that a social landlord which undertakes "repair,...
Reasons, reasons, reasons
This slipped under my radar, but thanks to @RichGreenhill on twitter for pointing to Section 7 of The Openness of Local Government Bodies Regulations 2014, in force as of 6 August 2014. Section 7 provides: 7. (1) The decision-making officer must produce a...
DHP not enough to remedy?
We've received an interesting First Tier Tribunal (so not binding) appeal decision from Wakefield, thanks to Kirklees Law Centre. A copy of the statement of reasons is here (not anonymised as the appellants consented to it being used largely unredacted). Mr...
Help me make it through the night
We have the first (to the best of my knowledge) Upper Tribunal decision on a bedroom tax appeal, and therefore one binding on First Tier Tribunals. While it is not on one of the large scale issues, such as room size, it is nonetheless potentially important...
Arguably Serious – Aster Communities Ltd v Akerman-Livingstone
Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the...
Register your s.13 notices
The title of this post lacks much creative input, but sometimes it's better to be clear than amusing. The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13,...