‘Shocking’ bedroom tax should be axed, says UN investigator – The Guardian
“Housing expert Raquel Rolnik says policy could constitute a violation of the human right to adequate housing.”
The Guardian, 11th September 2013
Source: www.guardian.co.uk
Category: housing
High Court quashes 116-home St Albans scheme refusal – OUT-LAW.com
“A Planning Inspector was wrong to use Regional Spatial Strategy (RSS) figures as a base for a Council’s projected housing need, a High Court judge has ruled.”
OUT-LAW.com, 9th September 2013
Source: www.out-law.com
Councils seeks judicial review of mayor’s rent plan – BBC News
“Four councils are taking legal advice to challenge Mayor Boris Johnson’s decision by which affordable rents can be set at up to 80% of market prices.”
BBC News, 8th September 2013
Source: www.bbc.co.uk
UN to investigate impact of ‘bedroom tax’ on human rights of low-income households – The Independent
“The impact of the so-called ‘bedroom tax’ on the human rights of low-income households is being examined by a senior United Nations official.”
The Independent, 4th September 2013
Source: www.independent.co.uk
The Master across the water – NearlyLegal
“Santander (UK) Plc v McAtamney and other cases [2013] NIMaster 15 is, as the neutral citation should reveal, a case from Northern Ireland, decided by a Chancery Master. It is not, therefore, a binding authority on the law of England and Wales. Nevertheless, it is very interesting and, as we’ll see, highly persuasive.”
NearlyLegal, 27th August 2013
Source: www.nearlylegal.co.uk
Better Late than Never? – NearlyLegal
“Peake v LB Hackney is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit.”
NearlyLegal, 18th August 2013
Source: www.nearlylegal.co.uk/blog/
When is Judicial Review Available as a Remedy in Relation to Housing Benefit Issues Where There are Possession Proceedings for Rent Arrears? – Garden Court Chambers Blog
“Desmond Rutledge considers the scenarios in which judicial review is available as a solution to certain housing benefit issues and provides specific examples of housing benefit decisions that are susceptible to judicial review.”
Garden Court Chambers Blog, 13th August 2013
Source: www.gclaw.wordpress.com
Court of Appeal backs tenant forced to move out for years of repairs – Local Government Lawyer
“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”
Local Government Lawyer, 12th August 2013
Source: www.localgovernmentlawyer.co.uk
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.”
Hardwicke Chambers, 31st July 2013
Source: www.hardwicke.co.uk
Councils to lose powers over high street planning under government proposal – The Guardian
“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.”
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
“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
“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.”
NearlyLegal, 1st August 2013
Source: www.nearlylegal.org.uk
Lloyd v Lewisham London Borough Council and another – WLR Daily
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
“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”
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 (!).”
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
“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’.”
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.”
The Independent, 30th July 2013
Source: www.independent.co.uk
Wind farm ban ruled out by ministers – Daily Telegraph
“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.”
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.”
Daily Telegraph, 29th July 2013
Source: www.telegraph.co.uk
