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A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over 'room use' as an argument. The decision notice is here (HT Speyejoe). The appellant had moved into the '3 bedroom' property on marriage. He and his wife had lived there. A...
In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at...
Mohamoud v Birmingham CC [2014] EWCA Civ 227 As all of our readers doubtless know, the way that decision making in homelessness cases works is something like this: a first decision is made by someone on behalf of a local housing authority; if that is in the...
Any keen follower of housing law (no laughing for those of you who have stumbled across this blog for the first time; we do exist) will know that the decade long struggle surrounding the admissibility of the Article 8 defence culminated mainly in...
A couple of bits and pieces. The DWP has issued a circular in the wake of the Court of Appeal judgment in MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014] EWCA Civ 13 (Our report coming soon, honest). The...
Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world (see here, here and here for our other notes). Andrew Smith J (who you may remember was one of the...
Pelipenko v Russia 16/1/14 We reported the ECtHR's decision on the merits here. There now follows the Chamber's decision on the claim for just satisfaction. The Applicants' claim for the breaches of Art 6 and Art 8 broke down into 4 parts: 1. the purchase...
I was reading the report from the Senior President of Tribunals (here) and came across some interesting little bits: (a) The President of the Lands Chamber in his report notes that he now has a power to make a protective costs order in cases where there is a...
A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds. The decision statement is here (and also on the FTT decisions page) The Applicant was separated from his partner in 2006, when...
This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council's refusal to carry out a review of the method it had decided upon to discharge its full housing duty. Still with me?...
The DCLG has just published new guidance (available here) on promoting mutual exchange. This is, we are told, an under-used process which can bring happiness and joy to landlords and tenants. For the latter, it is a more realistic option for securing a move...
R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014 [Lawtel note, no transcript yet] This judicial review is possibly one for the 'what were they thinking?' pile. The Claimants were the children of M. The family was street homeless and...