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....
A brief interlude: The gov.uk disaster
While my NL colleagues are reporting hard law and dealing with lots of important stuff, with so much more to come, I have but a mere puff to offer for a Friday afternoon. It's about the new government website to which departments, including DCLG, have (or...
Bedroom Tax: Shifts, U-turns and rumours
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....
Would you like ketchup with that hat?
Ok. Confession time. For the last year or so, I have been confidently predicting (often vocally and to unsuspecting passers-by) that the landlord would lose its appeal in Daejan Properties Ltd v Benson [2013] UKSC 14. Well, the landlord won.* And so I have a...
The Tolerated Trespasser Rides Again!
OK, so the title of this post may be an exaggeration of what is only a passing reference to an old friend in Fareham BC v Miller [2013] EWCA Civ 159. But it is interesting to see it used as part of the 'nuts and bolts' of an Article 8/proportionality...
Guest post by CPAG – disabled children and bedroom tax
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”....
Bedroom tax first JR?
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...
Residing together, apart.
Sharif v The London Borough of Camden [2013] UKSC 10 Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation? In this case, the Court of Appeal had said yes (our report...
What a tangled web…
[Update 22/01/2014 - Anyone concerned with proceedings brought by Mr Ghopee under any company name should see this new post] Since our post on Barons Finance Limited, we've heard various things about the property and landlord related activities of Barons...
Without lawful authority? The houseboats strike again
People live in boats. In some cities, such as Cambridge and London, living in a houseboat may be an affordable way somewhere where house prices would otherwise make that impossible. On so slender thread as that we at nearly legal have reported a number of...
Room without review: Thoughts on tackling the bedroom tax
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...
Job Opportunity
Now, whilst this may look a bit cheeky, I think this is pretty interesting. The Upper Tribunal (Lands Chamber) is recruiting for a Deputy President (see here) and, exceptionally, the Lord Chancellor has agreed to waive the requirement that you already be a...