Well, featuring fire and flood at least. As we've noted before, the '1996 exemption' to the bedroom tax only applied if one was in the same property or if: the dwelling so occupied was not the same by reason only that the change was caused by a fire, flood,...
Don’t ask the surveyor
Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes. Many residential leases for flats divide up the total service charge bill...
Succession and Sharia
A quick note on a recent Court of Appeal decision: Northumberland & Durham Property Trust Ltd v Ouaha. From 1/8/1980 until his death on 19/11/2010, Mr Al-Faisal held a protected Rent Act tenancy of Flat 15, 1 Royal Avenue House, London, SW3. In 1987, Ms...
An obligatory discretion?
Rutherford & Ors v Secretary of State for Work And Pensions [2014] EWHC 1613 (Admin) This was the judicial review, supported by CPAG, of the failure of the bedroom tax regulations to address the position of tenants where a bedroom was needed for...
How much is a secure tenancy worth?
London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 We are appallingly late with this one, and have no excuse. But this case has just been given permission by the Supreme Court, so this is a good moment to make amends. Mr L was the secure tenant of...
An interim measure
Fisher v Howard De Walden Estate Ltd RAP/19/2013 is that rare thing - a citeable permission to appeal decision from the UT(LC) (remembering that in Re Bradmoss [2012] UKUT 3 (LC), the UT(LC) had disapproved of reliance on permission decisions, see our brief...
The UKIP-ification of law
Or, why Nigel Farrage doesn't need to worry about that house-load of Romanians moving next door to him once the Immigration Act 2014 comes into force. The Immigration Act 2014 received Royal Assent on May 14, 2014 and, as is obviously the case for an...
This is what we always meant
Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing...
Article 8 and night-time care
The ECtHR Chamber has delivered its decision in McDonald v UK. For the reasons given below, the Court has decided that there was no breach of Article 8 ECHR following the reduction in Royal Borough of Kensington and Chelsea’s care services package for Ms...
Approximate grounds
Masih, R (on the application of) v Yousaf [2014] EWCA Civ 234 When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be? In this case, reaching the Court of Appeal...
Bedrooms, tribunals and article 14
Today brought a torrent of (well, two) First Tier Tribunal bedroom tax/LHA appeal decisions. Both are decisions on Article 14 grounds, and in one case, there is a detailed set of reasons for distinguishing MA & Ors, at least at High Court level. A...
More Bedroom Tax FTT cases.
A couple more FTT appeal decisions, also added to the FTT decision page. Liverpool - room size decision [Decision notice], 52 sq ft too small to be a bedroom, supported by photos. Also notably decides that HHSRS standards apply to social housing as well as...