The higher courts and tribunals have all been having a busy leasehold-related start to the year. None of these are hugely important, hence doing a short collective note on them. The really important cases will come later this year (Phillips v Francis; Di...
Deciding without a decision
R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014 [Lawtel note, no transcript yet] This judicial review is possibly one for the 'what were they thinking?' pile. The Claimants were the children of M. The family was street homeless and...
On folding beds and sleeping bags
A new bedroom tax First Tier Tribunal decision from Monmouthshire raises some issues on the FTTs' approach to room use. The decision notice with summary reasons is here (and also on the FTT decisions page). The Claimant lived in the property with his wife...
Negative Instrument
The DWP has laid the Statutory Instrument amending the benefit regulations to do away with the 'pre 1996 claim' exemption to the bedroom tax. It is to come into effect on 3 March 2014, making all those exempt liable for the bedroom tax from that date. (It is...
Gopee & Barons Finance. Return of the Mackie QC
The interim judgment in the Mercantile Court proceedings that gave rise to the Order I posted a few days ago has appeared on Bailli. Barons Finance Ltd & Ors v Numerous Defendants [2014] EWHC 138 (QB) There is quite simply too much to deal with in a...
Homeless Counties
A brief note on what I think was a homelessness s.204 appeal, but have only a local newspaper report to go on. The issue was the status of the review officer, and specifically, whether St Albans District Council had, as it purported to do, contracted out its...
Housing and Human Rights Round-Up Pt 1
Winterstein v France 17/10/13 (judgement in French only) The applicants in this case were travellers who were part of a community that had occupied land on a site (known as bois du Trou-Poulet) in the Herblay region of France and had made it their home over...
Dharam Ghopee and Barons Finance. End of the road?
[Update. 5 Feb 2014. The important Judgment of HHJ Mackie QC that led to the order below is now on Bailii. See this post.] A few days ago, I posted an order made by HHJ Mackie QC in the Mercantile Court in July 2013 in relation to Mr Dharam Prakash Ghopee. I...
No reason for reasons redux
Solihull Metropolitan Borough Council v Khan [2014] EWCA Civ 41 A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council's review officer should take into account "the homeless person's state of knowledge about the Council's...
Bedrooms in Wales
Another First Tier Tribunal bedroom tax appeal decision, this time from Aberystwyth. The Decision Notice is here (and on the FTT decisions page). No statement of reasons yet, but the decision notice gives an outline. The Claimant lived in what was classed as...
Impossible Preference: Excluding the homeless from housing lists
R (Jakimaviciute) v LB Hammersmith and Fulham [2013] EWHC 4372 (Admin) [Not generally available yet. I've seen a transcript] This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central...
Upper Tribunal on bedrooms
There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of 'bedroom'. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though...