Hypothetical bedrooms

The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 If you can only actually fit one child into a bedroom and you have two children, how many bedrooms should you be allowed under the bedroom tax regulations (Regulation B13)? The Upper Tribunal said two (our report here), but […]

Supreme Court to consider remedies in bedroom tax cases

We noted here the Court of Appeal decision in Carmichael v Secretary of State for Work and Pensions [2018] EWCA Civ 548. In very summary terms, the Supreme Court decided in an earlier case that the application of the “social sector size criteria” / “bedroom tax” (choose the appropriate label depending on your view), as contained in Housing Benefit […]

The Bedworth bedroom conundrum

Nuneaton and Bedworth Borough Council v RH and Secretary of State for Work and Pensions (2017) UKUT 471 (AAC) A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax. RH occupied property described as […]

Fewer floors for HMOs and minimum room sizes.

The Housing Minister, Alok Sharma, has confirmed that the Government will be going ahead with its proposals to change the conditions for a mandatory license for HMOs to any property with 5 or more occupants in 2 or more households, regardless of the layout of the property (previously the property had to be of three […]

Bedrooms, river beds and more

A few things… In case you didn’t see it through email or social media, I wrote a long piece about social housing in the aftermath of Grenfell Tower, which is on a separate page at that link. In Scotland, the Inner House of the Court of Session heard an appeal from the Upper Tribunal on […]

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, […]

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) […]

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 joined appeals here, from negative judicial review claims, were […]