A couple of bits and pieces. The DWP has issued a circular in the wake of the Court of Appeal judgment in MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014] EWCA Civ 13 (Our report coming soon, honest). The...
Housing and Human Rights Round-Up Pt 2
Pelipenko v Russia 16/1/14 We reported the ECtHR's decision on the merits here. There now follows the Chamber's decision on the claim for just satisfaction. The Applicants' claim for the breaches of Art 6 and Art 8 broke down into 4 parts: 1. the purchase...
Legal Advice in Lewisham?
We have been asked to circulate the following. Given the difficulty people face in accessing housing advice and representation in this area, we are very happy to do so. This is for anyone who lives or works in the borough of Lewisham. You will know that the...
Moving places
I was reading the report from the Senior President of Tribunals (here) and came across some interesting little bits: (a) The President of the Lands Chamber in his report notes that he now has a power to make a protective costs order in cases where there is a...
Bedrooms and a family home
A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds. The decision statement is here (and also on the FTT decisions page) The Applicant was separated from his partner in 2006, when...
Discharge of duty by helping eviction.
This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council's refusal to carry out a review of the method it had decided upon to discharge its full housing duty. Still with me?...
So, do you come here often?
The DCLG has just published new guidance (available here) on promoting mutual exchange. This is, we are told, an under-used process which can bring happiness and joy to landlords and tenants. For the latter, it is a more realistic option for securing a move...
The Lord Giveth, and the Lord Justice taketh away
Morshead Mansions Ltd v Di Marco [2014] EWCA Civ 96 marks the tragic demise of a clever and useful remedy fashioned by Mann J in the High Court case of the same name (our note here). In brief, ss.21, 22, Landlord and Tenant Act 1985 entitle leaseholders to...
Three to whet your appetite
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...