Discretionary Housing Payments and long term awards

R (on the application of Halvai) v Hammersmith and Fulham LBC (2017) QBD (Admin) (Sara Cockerill QC) 09/03/2017 (Only on lawtel as an extempore judgment, as far as I can see) This was a judicial review of H&F’s refusal of Discretionary Housing Payments to Ms H. Ms H has severe autism and learning and behavioural […]

More on housing costs for those under 22.

Following on from my rantlette on Saturday, some further light (and indeed fog) has been shed on the Govt proposals to remove the housing costs element of universal credit from those under 22 and how it is envisaged to work. John Healey MP, Shadow Housing Minister tabled an urgent question in the Commons today (Tuesday). […]

With and without foundation – Bedroom tax in Supreme Court

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 R (on the application of Carmichael and Rourke) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on the application of Daly and others) (formerly known as […]

Misc on taxes – council and bedroom

Some notes on council tax liability and bedroom tax Upper Tribunal cases. Council tax – how do you go about setting aside and/or appealing a council tax liability order? It turns out to be far from straightforward (you might already have known this. I didn’t!). In Okon v London Borough Of Lewisham [2016] EWHC 864 (Ch) […]

Foxtons declare war on the homeless

The London Evening Standard has a story which is simultaneously unsurprising yet startling in its blatancy. A landlord had entered an agreement to let the property through CityWest Homes – Westminster Council’s housing entity. This was the private letting arm of CityWest. As I have been informed, in this instance the proposed CityWest tenant would not […]

Corrections, omissions, blusters

Several notes/rantlets* There will be a new prescribed Section 8 Notice Seeking Possession in force from 6 April 2016. The regulations and new form 3 can be found here. This is a prescribed form, so must be used. A ‘where we are now’ story on homelessness involving a certain very central London Council came out […]

Bedroom tax updates

Assorted bedroom tax related items, while we wait for the Supreme Court to hear MA & Ors… In case number CH_2391_2015, the Upper Tribunal has ruled that an annual re-rating of housing benefit entitlement is a fresh decision each time, capable of being appealed. In this case, an appeal of a bedroom tax deduction in […]

Bedroom tax and landlord’s bedroom count – UT again

The Upper Tribunal (Administrative Appeals) seems to have taken an opportunity to re-state, in clear terms, one of the findings of SSWP v David Nelson and Fife Council [2014] UKUT 0525 (AAC) [Our report here]. The key issue was the extent to which the benefit authority can rely on the landlord’s designation of the number of bedrooms. […]

Bedroom Tax and separated families – UT again

The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside. In this appeal tribunal, the appellant was represented, which was a problem in MR. But short, the UT found […]

CA to hear bedroom tax appeals this year

The CA is to hear bedroom tax appeals in A (the DV sanctuary appeal – our note here) and SR (where a minor requires overnight care – our note here) next term.  A had been stayed pending the UKSC appeal in MA.  However, Underhill LJ and Sir Stanley Burnton have decided that the two cases (ie A and SR, […]