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...
Extremely loud and incredibly close
This is about loud and disturbing noises. I was going to write up Coventry & Ors v Lawrence & Anor [2014] UKSC 13 when it came out in February, given that it made some significant changes to common law nuisance claims. But it was 249 paragraphs and...
More on post possession order disrepair counterclaims
This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge. Midland Heart Ltd v Idawah...
The point of having policies….
A post on a County Court case, one well worth looking at for the application of public law principles, the Equality Act and reasonableness. I'm working from a note of judgment, so any quotes should be taken as being from a note, rather than a transcript....
Missing tenants and missing sentences: Council tax and periodic tenancies
Further to my post here on council tax liability for statutory periodic tenancies, I have heard about another Valuation Tribunal case, this time involving a contractual periodic tenancy, and also oddly involving this blog. The issue was council tax liability...