Busy day for bits of news. On the bedroom tax, Lord Freud announced in a House of Lords debate today that amending regulations to remove the 1996 claim exemption will be produced in March, though they haven't got definite parliamentary time yet. (Not got a...
Costs in the LVT
The case of Christoforou and others v Standard Apartments Ltd [2013] UKUT 586 (LC) is now rather less important than it would have been, say, 3 years ago, but is still worthy of note. Mr Christoforou was the leaseholder of a flat in a building of which the...
Bedroom Tax: the effect of the pre 1996 claim ‘exemption’.
As set out in the previous post, the DWP has confirmed that 4(1)(a) of Schedule 3 of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 has the effect that any HB claimant who has been claiming continuously since before 1...
Bedroom Tax: Pre 1996 claims exemption.
[Update 10/01/2014 - see further post on details of who is 'exempt' and suggested actions.] Readers may well have seen material going around that suggested that a housing benefit claim that was continuous from pre 1 January 1996 was exempt from the bedroom...
Putting it off
Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty obscure. Estate Management Schemes Estate management...
Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs
Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg....
Shorthold tenancies and council tax liability
If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax? CT v Horsham District Council (HB) [2013] UKUT 617 (AAC) This was an appeal to the Upper Tribunal from the benefits...
Intentionally homeless via co-tenant.
Viackiene v Tower Hamlets LBC (2013) CA (Civ Div) 11/12/2013 [Not on Bailii, note on Lawtel, not seen full transcript] Ms V was the joint tenant of a private property under an assured short hold tenancy. The other tenant was J. Both were jointly and...
Trespass and aggravation.
One of the oddest (and probably most expensive) trespass cases we have reported (see here for the first Court of Appeal report) has ended up back in the Court of Appeal yet again. Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013]...
End times.
I have been told that there must be an end of year round up for the blog. But, before I get to the figures, here is a soundtrack. NL, it has to be said, seems to be prospering in bad times (not that we make any money from it, not at all. The reverse in...
There must be some way out of here.
'Withdrawal' of proceedings - we've been here before, with Spicer v Tuli, but this time, the purported withdrawal was in an appeal of an improvement notice to the Residential Property Tribunal. The appeal to the Upper Tribunal arose out of that. Simon v...
Paying the cost.
Watson v Simpson Croydon County Court 4 October 2012 Not a stunningly important appeal to a Circuit Judge, this one, but a useful case to be able to wave around on costs. Ms Simpson was a private AST tenant of Mr Watson, whose tenancy had become a statutory...