Today brought a torrent of (well, two) First Tier Tribunal bedroom tax/LHA appeal decisions. Both are decisions on Article 14 grounds, and in one case, there is a detailed set of reasons for distinguishing MA & Ors, at least at High Court level. A...
Bedroom tax notes, only just out of date.
I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA & Ors and the benefit cap judgment in SG & Ors, R...
Bedrooms and a family home
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...
Upper Tribunal on bedrooms
There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of 'bedroom'. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though...
Bedroom tax decisions update
There are two new First Tier Tribunal bedroom tax appeal decisions on the FTT decisions page, at the bottom. One from Liverpool and one from Edinburgh. Both are Article 14 discrimination based, with disabilities meaning a bedroom could not be shared, one...
Bedroom Tax appeals at FTT
[Update - Upper Tribunal bedroom tax appeal decisions, binding on FTTs, can be found here. New posts as they come in.] As decisions by the First Tier Tribunal on bedroom tax appeals seem to be coming in thick and fast, I'll try to keep a list here. Where...
Of bedrooms that aren’t
Here is a First Tier Tribunal decision on a bedroom tax appeal that overturns the landlord's assertions on bedroom numbers. It is a Scottish case, but nothing turns on that. I'm grateful to Joe Halewood for bringing this to light (though we differ on its...
The Inferno of the private rental sector
For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented...
Front
Nearly Legal Housing Law News and CommentNearly Legal is a specialist housing law website for England (and occasionally Wales), run by solicitors and barristers practising in the field. The site provides information, updates and discussion on housing and...
Preferring Burnip: Discrimination without justification
Rutherford & Ors, R (On the Application Of) v Secretary of State for Work & Pensions [2016] EWCA Civ 29 The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from MA & Ors, there is quite a difference. The two...
A home without a household
With thanks to Joe Halewood, comes news of this very interesting First Tier Tribunal bedroom tax appeal. In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report],...
A blind eye to Nelson
A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT...