Bedroom tax challenge success – UK Human Rights Blog

Posted February 5th, 2016 in appeals, benefits, disability discrimination, domestic violence, housing, news by tracey

‘The Court of Appeal has given its judgment in a conjoined appeal of two of the latest challenges to the bedroom tax/removal of spare room subsidy (delete as you see fit), holding that it was unlawfully discriminatory in its application to 1.A female victim of serious domestic violence living in a home significantly adapted (including the provision of a “safe room”) to ensure her safety in the face of threats from her former partner; and 2. A severely disabled 15 year old boy cared for by his grandmother and her partner, who required a carer to stay in their home two nights per week.’

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UK Human Rights Blog, 2nd February 2016

Source: www.ukhumanrightsblog.com

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Preferring Burnip: Discrimination without justification – Nearly Legal

‘The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from MA & Ors, there is quite a difference.’

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Nearly Legal, 31st January 2016

Source: www.nearlylegal.co.uk

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The DWP is forcing a rape victim to pay the Bedroom Tax on her police-installed panic room – The Independent

Posted January 28th, 2016 in appeals, benefits, housing, news, social security, victims by sally

‘The Department for Work and Pensions is trying to force a rape victim to pay the so-called “Bedroom Tax” on her police-installed panic room, it has emerged.’

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The Independent, 27th January 2016

Source: www.independent.co.uk

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Appeal court rules bedroom tax discriminatory in two cases – The Guardian

‘A victim of domestic violence and the grandparents of a severely disabled teenager have won court of appeal challenges over the lawfulness of the bedroom tax.’

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The Guardian, 27th January 2016

Source: www.guardian.co.uk

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Something to Declare – Nearly Legal

Posted January 27th, 2016 in appeals, housing, local government, news, tribunals by sally

‘The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that case the property will not fulfil the tests for an HMO under s254 of the Act but can be declared to be an HMO by the local authority of they reasonably believe that the property has “significant use” as an HMO. The declaration as an HMO can be appealed to the FTT (and from there to the UT) and that appeal operated by way of a re-hearing of that decision.’

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Nearly Legal, 27th January 2016

Source: www.nearlylegal.co.uk

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Unwritten Rules – large families in ToLATA cases – Family Law week

Posted January 18th, 2016 in dispute resolution, families, family courts, housing, news by tracey

‘Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.’

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Family Law Week, 15th January 2016

Source: www.familylawweek.co.uk

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Something wicked this way comes – LAG Housing Law

Posted January 13th, 2016 in housing, landlord & tenant, news by sally

‘Sam Madge-Wyld considers the housing law agenda for 2016.’

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LAG Housing Law, 12th January 2016

Source: www.laghousinglaw.com

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A House Reasonably So Called – Hardwicke Chambers

Posted January 12th, 2016 in appeals, enfranchisement, housing, news by sally

‘Andy Creer looks at the decision in Jewelcraft Ltd v Pressland [2015] EWCA Civ 1111.’

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Hardwicke Chambers, 8th January 2016

Source: www.hardwicke.co.uk

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Woman in 30-year feud with daughter over dog called Fluffy wins legal fight to force her out of £1m flat – Daily Telegraph

Posted January 12th, 2016 in families, housing, news, repossession by sally

‘Judge condemns Caroline Hermsen as liar after she wrongly accused mother of getting her arrested over dog as he rules she can kick her out of home.’

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Daily Telegraph, 11th January 2016

Source: www.telegraph.co.uk

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Diplomats use Vienna Convention to fight London basement digout – Daily Telegraph

Posted January 11th, 2016 in appeals, diplomats, housing, news, planning, treaties by tracey

‘An argument over an extension plan next door to the French embassy in London has gone global as an unlikely alliance of diplomats has formed, citing the 1961 Vienna Convention, in a bid to kill it off.’

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Daily Telegraph, 9th January 2016

Source: www.telegraph.co.uk

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A scandal unfolds: High Court enforcement again – Nearly Legal

‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’

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Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk

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‘Going into legal aid work now is career suicide’ – The Guardian

‘Government cuts to legal aid means social welfare lawyers are a dying breed. So where will the next generation come from? Step up the Justice First Fellowship.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

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Housing bill will do nothing for many of those in need of a decent home – The Guardian

Posted January 5th, 2016 in bills, housing, news, planning by sally

‘New housing legislation fails to address the problem of affordable rented housing, and there may be little that we in the House of Lords can do to improve it.’

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The Guardian, 5th January 2016

Source: www.guardian.co.uk

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Discretion, lip service and s188(3) – Nearly Legal

Posted December 21st, 2015 in homelessness, housing, judicial review, local government, news by sally

‘We’re very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to provide interim accommodation pending s.202 review.’

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Nearly Legal, 19th December 2015

Source: www.nearlylegal.co.uk

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Government investigation after grandmother ‘gnawed at by rat’ in her bed at council-run home – Daily Telegraph

Posted December 18th, 2015 in animals, elderly, environmental health, housing, news by tracey

‘The Health Secretary has ordered an investigation into how a grandmother living in sheltered housing suffered horrific injuries her family believes were the result of multiple rat bites.’

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Daily Telegraph, 18th December 2015

Source: www.telegraph.co.uk

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Money, money, money – LAG Housing Law

Posted December 15th, 2015 in benefits, budgets, housing, news, social security by sally

‘Sam Madge-Wyld considers the Autumn Statement and its implications for housing.’

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LAG Housing Law, 10th December 2015

Source: www.laghousinglaw.com

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A house reasonably so called – New Law Journal

Posted December 15th, 2015 in appeals, enfranchisement, housing, news by sally

‘Andy Creer looks at the decision in Jewelcraft.’

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New Law Journal, 11th December 2015

Source: www.newlawjournal.co.uk

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Moorjani v Durban Estates Ltd – WLR Daily

Posted December 14th, 2015 in appeals, compensation, covenants, damages, housing, landlord & tenant, law reports, repairs by sally

Moorjani v Durban Estates Ltd [2015] EWCA Civ 1152; [2015] WLR (D) 509

‘In a case in which a residential tenant claimed to have suffered loss arising from the landlord’s breach of its repairing and insuring obligations, which had caused disrepair to his flat, the loss lay in the impairment of the amenity value of the tenant’s proprietary interest in the flat, and discomfort, inconvenience and distress were only symptoms.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

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Disrepair miscellany: Good, bad and ugly – Nearly Legal

Posted December 14th, 2015 in appeals, damages, housing, landlord & tenant, local government, news, repairs by sally

‘Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt’s excellent annual “housing repairs update”. We have covered many of the cases noted in the update already, but there are some county court cases unreported elsewhere, remarkably this time including some Councils taking cases to trial. As ever, our thanks to Beatrice Prevatt and Legal Action.’

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Nearly Legal, 13th December 2015

Source: www.nearlylegal.co.uk

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Council tenants lose lifetime right to live in property – The Guardian

Posted December 10th, 2015 in bills, housing, landlord & tenant, leases, local government, news, time limits by sally

‘People will no longer have the right to live in their council home for life in future after ministers moved to impose a five-year limit on new tenancies.’

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The Guardian, 9th December 2015

Source: www.guardian.co.uk

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