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,...
Spencer v Taylor- Some Analysis
We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised. As the solicitor acting for the landlord in the Supreme Court...
Article 8 and the Private Sector-the Court of Appeal Speaks
In McDonald v McDonald & Anor [2014] EWCA Civ 1049, the Defendant held an assured shorthold tenancy of a property in Witney, Oxfordshire. The tenancy was granted by Ms McD's parents in breach of the terms and conditions of a mortgage agreement with...
Bedroom tax ‘lead case’ in Upper Tribunal?
Some bits on the bedroom tax and room size First, a new FTT decision from Rochdale (Reasons here ). A room of 64 square feet was too small for a lodger and had not been used as a bedroom since the appellant’s son moved out in 2010. The room was instead...
Just bonkers, absolutely bonkers
Just what did Sandwell think they were doing? They set a minimum residence requirement of two years (why two you might ask) for their local council tax reduction scheme and thought that would be acceptable. They did so on the basis that they were concerned...