Bits of news and things to respond to.

Assorted things… MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 – or as they call it, ‘the Homes Act’. There are separate guidance documents for tenants, landlords and local authorities, all available here. On the tenant guidance, I would add before taking proceedings, try […]

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 […]

Doing the same thing twice, expecting different results.

After some noises in the press that a reconsideration was underway, the government, via the DWP, has decided that it is going to go ahead with removing housing benefit (or rather ‘housing costs element’ of Universal Credit) from anyone under the age of 22. The regulations, which were announced on last Friday afternoon, while the […]

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 […]

An inconvenient problem

This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing. I analysed […]

Ignoring the Court of Appeal?

[Update 9 June 2014. The Statement of Reasons in this case is here. Well worth considering.] There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on […]

Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs

Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in […]

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 statute itself is open to challenge. A quick reminder – from April all […]

Relying on advice on the LHA

Ombudsman’s Decision: Complaint against Newham LB [2010] Complaint no 09 003 325 9 November 2010 Hat-tip to the Garden Court bulletin for this one. Miss Thornton (pseudonym) was in temporary accommodation provided by Newham LBC pursuant to the full housing duty. She had been in it for some time. The temporary accommodation was in LB […]

HB and IS: Breaking the link

Readers will be aware that, once an assessment of income and capital has been made for income support (IS) purposes so that a claimant is entitled to IS, a housing benefit (HB) authority is generally bound by that decision so that HB should follow automatically.  In GB v Hillingdon LBC [2010] UKUT 11 (AAC) (reported […]