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Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch) Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under...
RR v Secretary of State for Work and Pensions (2019) UKSC 52 The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant's human rights has...
Simawi v London Borough of Haringey (2019) EWCA Civ 1770 We saw this case in the High Court - our report here - now this is the court of appeal judgment on Mr S' appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985...
Case of J. D. and A. v United Kingdom 32949/17 34614/17 The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the...
Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the...
As should be well known, when it comes to landlord's repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the...
Our thanks to the Housing: Recent Developments team in the July/August Legal Action for notes on these two cases. Lambeth LBC v Casey County Court at Clerkenwell and Shoreditch, 5 June 2019 Ms C had succeeded to the tenancy of a two bedroom flat. Lambeth...
This is something I've been mulling over for a while, and have sounded off about in conversations, but the ongoing proliferation of housing disrepair claims farmers (and associated solicitors) has pushed me to go public with something of a rant. A justified...
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 If you can only actually fit one child into a bedroom and you have two children, how many bedrooms should you be allowed under the bedroom tax regulations (Regulation...
Yildiz v London Borough of Hackney (2019) EWCA Civ 1331 Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and...
Mohamed v London Borough of Barnet (2019) EWHC 1012 (QB) Ms M was placed in temporary accommodation by LB Barnet following a homeless application. Barnet found her to be intentionally homeless but continued to provide accommodation under Children Act 1989....
Salix Homes v Mantato (2019) EWCA Civ 445 A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings. Mr Mantato was Salix Homes...