LAG housing law blog

FJM v UK: ECtHR agrees with Supreme Court there is no right to proportionality hearing in a section 21 case

Thu, 29 Nov 2018 11:54:55 +0000

The European Court of Human Rights has held that a private sector tenant cannot raise a proportionality defence to a claim for possession Justin Bates  of 4-5 Gray’s Inn Square considers today’s judgment of European Court of Human Rights in  FJM v … Continue reading

Whose fee is it anyway?

Tue, 04 Sep 2018 20:04:32 +0000

Forum on Tenant Fees and Holding Deposits Clara Zang of Arden Chambers reports on an evening spent considering the Tenant Fees Bill   On Thursday 30 August 2018, Samuel Beswick (Cravath International Fellow, Harvard Law School) convened a panel of … Continue reading

It’s cold outside

Sun, 17 Dec 2017 20:07:31 +0000

Clara Zang gives you fair prior warning of the forthcoming energy efficiency reforms The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 SI No 962 (the Regulations) introduces new measures to improve the energy efficiency of certain private … Continue reading

The Queen in the North

Wed, 06 Dec 2017 17:22:12 +0000

Clara Zang looks at the very recent changes to the private rented sector in Scotland and wonders if England and Wales might ever follow suit. The Private Housing (Tenancies) (Scotland) Act 2016 (the Act) received Royal Assent on 22 April … Continue reading

Bedroom tax: round 2

Wed, 10 May 2017 08:19:47 +0000

On 27 April 2017 the Upper Tribunal (‘UT’) handed down judgment in Secretary of State for Work and Pensions v Carmichael and Sefton BC (HB)  [2017] UKUT 0174 which was the Secretary of State’s appeal to of the First-tier Tribunal’s (‘FTT’) decision on … Continue reading

Joined up thinking

Thu, 13 Apr 2017 10:14:05 +0000

The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017 (2017/252) came into force on 1st April 2017. In this post Alice Richardson considers the regulations and their incompatibility with the Government’s support for the … Continue reading

Showing your workings

Thu, 02 Feb 2017 19:38:10 +0000

In this post Alice Richardson considers the decision in London Borough of Hackney v Haque [2017] EWCA Civ 4 in which the Court of Appeal grappled with the applicability of s.149 Equality Act 2010 (“PSED”) to a “suitability” decision pursuant … Continue reading

A long and winding road, yet there is still further to go…

Wed, 07 Dec 2016 19:59:26 +0000

In this post Alice Richardson considers the long-awaited Supreme Court “bedroom tax” decision and what it means for affected housing benefit claimants and local authorities.   On 9th November 2016 the Supreme Court handed down its decision in the joined … Continue reading

Forgiveness or permission?

Sun, 06 Nov 2016 06:15:25 +0000

In this post Alice Richardson considers the Court of Appeal’s recent decision in Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034. In particular, this post will address the perhaps surprising concession by Cardiff County Council that, under CPR … Continue reading

The Right to Buy- Where are we now?

Fri, 07 Oct 2016 20:12:06 +0000

The Right to Buy was introduced by the Housing Act 1980. Just under 2 million local authority properties have since been sold under the policy. The UK now faces an unprecedented housing crisis and Local Authorities are struggling with a … Continue reading