The Tribunal unleashed

Secretary of State for Work and Pensions v Carmichael and Sefton BC (HB) [2017] UKUT 0174 (AAC) Oh my. This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal (our report here). It was initially surprising that the DWP sought to pursue this appeal, […]

Water and youth

Not, I hasten to make clear, a Daily Mail style piece on the health giving properties of drinking expensive water, but a couple of quick notes. First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the […]

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) (Copy of the full judgment now here) This was a judicial review of H&F’s refusal of Discretionary Housing Payments to Ms H. Ms H […]

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. […]