High Court rejects “bedroom tax” claims – Hardwicke Chambers

“The High Court has rejected claims for a judicial review of the so-called ‘bedroom tax’. Its judgment brings to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.”

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Hardwicke Chambers, 31st July 2013

Source: www.hardwicke.co.uk

Councils to lose powers over high street planning under government proposal – The Guardian

Posted August 5th, 2013 in housing, local government, news, planning by sally

“Town halls face losing significant powers over the future of their high streets under Whitehall plans to allow shops to be converted into homes without planning permission.”

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The Guardian, 4th August 2013

Source: www.guardian.co.uk

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening) – WLR Daily

Posted August 2nd, 2013 in benefits, disabled persons, housing, law reports, social security by sally

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening) [2013] EWHC 2213 (Admin); [2013] WLR (D) 325

“The refusal of the Secretary of State to exclude some disabled persons from the changes introduced into the Housing Benefit Regulations 2006 by the Housing Benefit (Amendment) Regulations 2012, and the provision made by way of access to discretionary housing payments, constituted a proportionate approach to difficulties which those persons faced.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Urgent appeals in warrant suspension cases – NearlyLegal

Posted August 2nd, 2013 in appeals, civil procedure rules, housing, news, repossession, warrants by sally

“We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The District Judge has, rightly or wrongly, dismissed that application. The occupier, understandably (even more so if the DJ fell into the ‘wrongly’ category), wants to appeal that decision.”

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NearlyLegal, 1st August 2013

Source: www.nearlylegal.org.uk

Lloyd v Lewisham London Borough Council and another – WLR Daily

Posted August 1st, 2013 in appeals, benefits, housing, law reports, local government, social security by sally

Lloyd v Lewisham London Borough Council and another [2013] EWCA Civ 923; [2013] WLR (D) 317

“Paragraph 14(1)(e) of Schedule 5 to the Housing Benefit Regulations 2006 and paragraph 15(1)(e) of Schedule 4 to the Council Tax Benefit Regulations 2006, both of which set out the items of income to be disregarded when calculating a claimant’s income and capital for the purposes of determining entitlement to the relevant benefit, only excluded sums paid under agreements which were made after the injury occurred, not an income loss award paid exclusively for loss of income pursuant to a pre-injury agreement.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Disabled challenge to bedroom tax fails – UK Human Rights Blog

Posted July 31st, 2013 in appeals, benefits, disabled persons, housing, human rights, judicial review, news by sally

“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”

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UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

Bedroom tax JR – NearlyLegal

“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”

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NearlyLegal, 3oth July 2013

Source: www.nearlylegal.co.uk

Couple’s stolen caravan cannot be returned as could breach traveller family’s ‘human rights’ – Daily Telegraph

Posted July 31st, 2013 in civil justice, housing, human rights, news, police, theft, travellers by sally

“A couple who spent their retirement savings on a caravan only to see it stolen were astounded when police said the travellers who are living in it could not be removed as it would breach their ‘human rights’.”

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Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Campaigners vow to fight on after challenge to ‘bedroom tax’ is thrown out by High Court – The Independent

“Campaigners have vowed to fight on after a legal attempt to block the Government’s so-called ‘bedroom tax’ was thrown out by the High Court.”

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The Independent, 30th July 2013

Source: www.independent.co.uk

Wind farm ban ruled out by ministers – Daily Telegraph

Posted July 30th, 2013 in energy, environmental protection, housing, news, planning by sally

“Councils must not impose blanket bans on wind farms being built near houses, ministers have ruled, weeks after promising to stop the spread of unwanted turbines across the country.”

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Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Ex-wife of RAF officer fights MoD eviction order in court – Daily Telegraph

“The former wife of an RAF squadron leader is taking on the Ministry of Defence in a High Court test case, claiming that a move to evict her — after her husband walked out — violates her human rights.”

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Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Helping Female Offenders Keep Their Home – Criminal Law and Justice Weekly

Posted July 29th, 2013 in charities, community service, homelessness, housing, news, women by sally

“Harriet Stranks on one charity’s work to tackle re-offending and homelessness among women released from prison.”

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Criminal Law and Justice Weekly, 20th July 2013

Source: www.criminallawandjustice.co.uk

High Court rejects ‘prematurity’ challenge to 800-home Shottery approval – OUT-LAW.com

Posted July 23rd, 2013 in housing, local government, ministers' powers and duties, news, planning by tracey

“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”

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OUT-LAW.com, 19th July 2013

Source: www.out-law.com

Barrister conned officials to get council flat – Daily Telegraph

Posted July 23rd, 2013 in barristers, fraud, housing, news by tracey

“A barrister is facing jail after pretending to be an unemployed single mum to claim a council house which she sub-let while working as a law lecturer and owning two homes.”

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Daily Telegraph, 23rd July 2013

Source: www.telegraph.co.uk

Not pending this appeal – NearlyLegal

Posted July 9th, 2013 in appeals, homelessness, housing, judicial review, local government, news by sally

“When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant’s route to challenge a refusal by the local authority to provide accommodation pending appeal to the Court of Appeal?”

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NearlyLegal, 8th July 2013

Source: www.nearlylegal.co.uk

Appeal inquiry of 100-home Essex scheme unfair, rules High Court – OUT-LAW.com

Posted July 4th, 2013 in appeals, housing, inquiries, news, planning by sally

“A decision by a Planning Inspector to grant permission for a residential development in Great Dunmow, Essex is set to be quashed following a High Court ruling that the appeal process had been unfair.”

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OUT-LAW.com, 3rd July 2013

Source: www.out-law.com

Englishman’s home no longer his castle, says senior judge – Daily Telegraph

Posted July 4th, 2013 in housing, human rights, news, repossession, squatting by sally

“Not all squatters are bad, a senior judge has said, as he suggested an Englishman’s home is no longer his castle.”

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Daily Telegraph, 3rd July 2013

Source: www.telegraph.co.uk

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The time to act on the bedroom tax is now – Garden Court Chambers Blog

Posted July 2nd, 2013 in benefits, housing, local government, news, repossession, social security by sally

“At a time when the bedroom tax is coming to dominate debates about housing and fairness in our society, Liz Davies considers the options available to local councils in resisting this policy of central government.”

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Garden Court Chambers Blog, 1st July 2013

Source: www.gclaw.wordpress.com

There’s no place like home – NearlyLegal

“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”

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NearlyLegal, 23rd June 2013

Source: www.nearlylegal.co.uk

FCA fines rogue property trader nearly £1m – The Guardian

Posted June 19th, 2013 in costs, financial services ombudsman, fines, housing, mortgages, news, valuation by sally

“The operator of a property scheme who misled vulnerable customers to make money from the sale of their homes has been fined almost £1m by the City regulator and banned from working in the financial services industry.”

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The Guardian, 19th June 2013

Source: www.guardian.co.uk