Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

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UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

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Temporary accommodation at a peppercorn rent – NearlyLegal

Posted July 3rd, 2014 in benefits, carers, housing, immigration, local government, news, social security by sally

‘This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.’

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NearlyLegal, 2nd July 2014

Source: www.nearlylegal.co.uk

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Bad reviews and a future of bunk beds – NearlyLegal

Posted July 1st, 2014 in appeals, homelessness, housing, judgments, news by sally

‘This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them are rather brief and rather negative. The issues are i) whether a s.202 review of a s.184 decision can come to a finding which is substantially worse for the applicant that the original s.184 decision; ii) whether a review officer should conduct a hazard assessment (Housing Act 2004) when considering whether it is reasonable for an applicant to occupy their accommodation; and iii) how far should a review officer look to the future when considering whether the applicant is homeless.’

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NearlyLegal, 30th June 2014

Source: www.nearlylegal.co.uk

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High Court upholds refusal of residential consent at site designated for mixed-use scheme – OUT-LAW.com

Posted July 1st, 2014 in housing, local government, news, planning by sally

‘A High Court judge has upheld Reading Council’s decision to refuse consent for a plan to build a residential development on a site designated in local planning documents for a mixed-use scheme.’

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OUT-LAW.com, 30th June 2014

Source: www.out-law.com

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Homeless review officer can substitute less favourable decision: Court of Appeal – Local Government Lawyer

Posted June 30th, 2014 in appeals, homelessness, housing, local government, news by sally

‘A local authority’s review officer was entitled to substitute a less favourable decision than the original decision in relation to a homeless applicant because circumstances had changed, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2014

Source: www.localgovernmentlawyer.co.uk

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High Court refuses permission for judicial review of Woolwich affordable housing reduction – OUT-LAW.com

Posted June 30th, 2014 in appeals, housing, judicial review, local government, news, planning by sally

‘A High Court judge has refused Greenwich Council’s application for judicial review of a planning inspector’s decision to allow the removal of the affordable housing requirement attached to a planning permission, according to a report in Planning Magazine.’

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OUT-LAW.com, 27th June 2014

Source: www.out-law.com

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They think it’s all over … – NearlyLegal

‘We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.

I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public law defence’).’

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NearlyLegal, 22nd June 2014

Source: www.nearlylegal.co.uk

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Haile v Waltham Forest London Borough Council – WLR Daily

Posted June 19th, 2014 in appeals, homelessness, housing, law reports, local government by sally

Haile v Waltham Forest London Borough Council [2014] EWCA Civ 792; [2014] WLR (D) 257

‘The question of whether a person applying to a local authority for housing accommodation was intentionally homeless within the meaning of section 193 of the Housing Act 1996, with the result that the local authority was under no duty to provide such accommodation to her under that section, was to be determined by reference to whether the person’s homelessness was intentional on the date on which she became homeless and not on the date of the local authority’s decision.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

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What’s the Din?* – NearlyLegal

Posted June 16th, 2014 in appeals, homelessness, housing, interpretation, local government, news by sally

‘In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless. On the facts, this was a significant question: Ms Haile had left her room in a hostel on 25th October 2011 to go to stay with a friend. Only one person was entitled to occupy the room. She said that she left the room because of unpleasant smells in the hostel. At the time she left the room, she was pregnant and she gave birth to the beautifully named Delina on 15th February 2012. Now, clearly, as of Delina’s birth, the room would not have been reasonable for Ms Haile to continue to occupy because more than one person would be occupying it in breach of the tenancy agreement. However, the council found her intentionally homeless because they did not accept that, as of 25th October 2011, the smells into the room made it not reasonable to continue to occupy.’

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NearlyLegal, 16th June 2014

Source: www.nearlylegal.co.uk

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Taxman wins fight to close property tax loophole – Daily Telegraph

Posted June 16th, 2014 in appeals, housing, mortgages, news, stamp duty, taxation by sally

‘A High Court ruling has sided with the taxman over legislation introduced last year which aims to stop wealthy property buyers avoid paying tens of thousands of pounds in stamp duty.’

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Daily Telegraph, 13th June 2014

Source: www.telegraph.co.uk

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On the naughty step: The unacceptable face of London landlords – NearlyLegal

Posted June 13th, 2014 in benefits, housing, landlord & tenant, leases, news, rent, unfair contract terms by sally

‘Some of you, those in London at least, might have noticed Boris Johnson announce a new, and completely voluntary, no compulsion here, landlord accreditation scheme. The idea being that tenants, desperate to find somewhere in the middle of the worst accommodation shortage in London for many, many years, will choose to avoid a ‘non-Boris’ landlord. This is of dubious worth, but no matter, what concerns us here is what followed that announcement. Bear with me, because it is worth it in the end.’

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NearlyLegal, 12th June 2014

Source: www.nearlylegal.co.uk

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Formerly known as – NearlyLegal

Posted June 9th, 2014 in appeals, benefits, children, disabled persons, housing, news, tribunals by sally

‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’

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NearlyLegal, 6th June 2014

Source: www.nearlylegal.co.uk

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Hines v Lambeth London Borough Council – WLR Daily

Posted June 4th, 2014 in appeals, benefits, carers, children, EC law, families, housing, immigration, law reports by tracey

Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238

‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

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Don’t ask the surveyor – NearlyLegal

Posted June 3rd, 2014 in appeals, housing, jurisdiction, leases, news, service charges, surveyors, tribunals by sally

‘Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes.’

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NearlyLegal, 2nd June 2014

Source: www.nearlylegal.co.uk

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Family of disabled grandchild lose spare bedroom fight – BBC News

Posted June 2nd, 2014 in appeals, benefits, carers, children, disabled persons, housing, news by sally

‘A couple who care for their severely disabled grandchild have lost an appeal against cuts to their housing benefits because they have a spare bedroom.’

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BBC News, 30th May 2014

Source: www.bbc.co.uk

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Supreme Court rejects call to register recreation ground as village green – Local Government Lawyer

Posted May 22nd, 2014 in commons, housing, local government, news, planning, Supreme Court by sally

‘The Supreme Court has upheld a county council’s refusal to register a recreation ground – which had been provided for that purpose by another local authority – as a village green.’

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Local Government Lawyer, 21st May 2014

Source: www.localgovernmentlawyer.co.uk

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Approximate grounds – NearlyLegal

Posted May 19th, 2014 in appeals, housing, interpretation, landlord & tenant, news, rent, repossession by sally

‘When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be?’

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NearlyLegal, 18th May 2014

Source: www.nearlylegal.co.uk

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Council tax liability and void properties – Hardwicke Chambers

Posted May 13th, 2014 in charities, council tax, housing, local government, news, regulations, taxation by sally

‘Section 4 of the Local Government Finance Act 1992 (“LGF92”) provides that council tax is payable1 on any dwelling which is not an “exempt dwelling”. A dwelling is an “exempt dwelling” if it is “of a class prescribed by an order made by the Secretary of State”2 and thereby falls into one of 23 categories provided for by the Order.’

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Hardwicke Chambers, 30th April 2014

Source: www.hardwicke.co.uk

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The Anti-Social Behaviour, Crime & Policing Act 2014 – Hardwicke Chambers

Posted May 12th, 2014 in ASBOs, enforcement, housing, injunctions, local government, news, repossession by sally

‘This briefing note seeks to explain the main changes to anti-social behaviour injunctions (ASBIs), anti-social behaviour orders (ASBOs), possession claims relating to anti-social behaviour under the Housing Acts of 1985 and 1988, and related remedies brought in by Parts 1 to 6 of the Act1 as far as they concern local housing authorities (LHAs) and private registered providers (PRPs).’

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Hardwicke Chambers, 8th April 2014

Source: www.hardwicke.co.uk

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Council defeats developers in High Court skirmish over neighbourhood plan – Local Government Lawyer

‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’

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Local Government Lawyer, 9th May 2014

Source: www.localgovernmentlawyer.co.uk

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