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Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985. Mrs Holt has occupied 28 Southdown Rd, Emmer Green, Reading since her birth in...
Just to note that the 10 joined bedroom tax Judicial Review claims (for initial details see our note) are listed for full hearing on Wednesday to Friday next week (15-17 May). The claims involve a range of challenges to the regulations involving disabled...
The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron's 'big speech' in March on stopping immigrants from getting things from healthcare to driving licences was quite a significant...
London Borough of Brent v Tudor [2013] EWCA Civ 157 This was an appeal of a Circuit Judge's finding that LB Brent's possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living...
The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech's parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967....
Now that was a busy day on the Bedroom Tax front, complete with a parliamentary statement, new DWP Guidance to Local Authorities, rumours and conjecture. Let us start with the definite bits. The new Guidance on disabled children unable to share a bedroom....
Disabled children – “exempt” from the bedroom tax? At Prime Minister’s Questions on Wednesday [6 March 2013] David Cameron claimed that “anyone with severely disabled children is exempt from the spare room subsidy”, more commonly known as the “bedroom tax”....
Just a quick post to note that a Judicial Review of the bedroom tax regulations was apparently issued on Friday 1 March 2013. From this report, it appears that the grounds are along the lines of Burnip, as I suggested here, in that the basis is...
You may recall the discussion that took place on this blog of Wandsworth's secure tenancy terms, introduced in 2009, that sought to introduce a list of things that the tenant, "lodgers, friends, relatives, visitors and any other person living in the property...
With the beginning of the bedroom tax looming up for April and upwards of 700,000 households affected, I've been thinking about the position when the inevitable rent arrears possessions start to appear - probably by about October - and also whether the...
Even since McCann v. UK (2008) 47 EHRR 40, a lot of people (around these parts) have been waiting for a case on Article 8 and the rule in Hammersmith v Monk (Hammersmith and Fulham LBC v. Monk [1992] AC 478) to reach the higher Courts. Is the rule that...
[Updated 20/12/12. See below] There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession... Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore...