I did a talk at a conference on the topic of legal issues about the bedroom tax, it was basically a critical overview of the higher courts and tribunal (FTT and UT) cases. In case they are useful or vaguely interesting, my notes are here. (No jokes though....
A Thursday stuffed with housing stuff
A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one. A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper...
Affordable Homes Bill & the bedroom tax
I haven't written about the Affordable Homes Bill, partly because time, and partly because I was deeply cynical about the Bill's prospects of getting anywhere pre-election, and the omissions it contained. (In fact for many of the same reasons contained in...
Ch ch ch ch changes
When is a Secure Tenancy Agreement not a Secure Tenancy Agreement? News has reached us of an interesting case in Bow County Court involving the right to succeed to a secure tenancy and the operation of s.103 of the Housing Act 1985: London Borough...
Bedroom tax and human rights: The UT has a go
I've got two Upper Tribunal decisions on bedroom tax appeals, both from Scotland. Both concern human rights related cases. One concerns what sounds like a fairly hopeless and sadly not well argued case based on disability. The other is considerably more...
Bedroom tax and human rights FTT miscellany
No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on...
DHP not enough to remedy?
We've received an interesting First Tier Tribunal (so not binding) appeal decision from Wakefield, thanks to Kirklees Law Centre. A copy of the statement of reasons is here (not anonymised as the appellants consented to it being used largely unredacted). Mr...
Help me make it through the night
We have the first (to the best of my knowledge) Upper Tribunal decision on a bedroom tax appeal, and therefore one binding on First Tier Tribunals. While it is not on one of the large scale issues, such as room size, it is nonetheless potentially important...
Bedroom tax ‘lead case’ in Upper Tribunal?
Some bits on the bedroom tax and room size First, a new FTT decision from Rochdale (Reasons here ). A room of 64 square feet was too small for a lodger and had not been used as a bedroom since the appellant’s son moved out in 2010. The room was instead...
More on post possession order disrepair counterclaims
This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge. Midland Heart Ltd v Idawah...
‘We told you so’ corner
The DWP has very belatedly issued the interim review of the bedroom tax (under occupation penalty, removal of the spare room subsidy, whatever). The document can be found here, based on a survey for the period to April/Nov 2013. And the results are......
Privacy, lifts and bedrooms
An interesting First Tier Tribunal decision from Sunderland (Statement of Reasons). The claimants/appellants were joint tenants of what had been a three bedroom property. One of the joint tenants suffers from severe and degenerating muscular dystrophy, and...