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Case law

Carmel Ferguson discusses an England & Wales Court of Appeal judgment which considered the question of when a residence should be treated as an individual’s principal home.

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Repossession, Case law, Legal

Back in November, we brought you news of two successful challenges to the “Bedroom Tax” size criteria policy in the UK Supreme Court. The success of these challenges resulted in new regulations, which expanded the circumstances in which a household is permitted an “additional” bedroom.

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Benefits, Welfare Reform, Case law

Housing Rights has been providing specialist advice to homeowners at risk of repossession for many years. One of the avenues open to certain people facing repossession is an argument that the loan they’ve entered into has created an “unfair relationship”. Solicitor Chris McGrath discusses how this argument can work as it is important that those advising in respect of mortgage lending have an understanding of the remit of the unfair relationship provisions

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Repossession, Practical tips, Case law, Legal

Solicitor Carmel Ferguson considers a decision of the UK High Court relating to a local authority's refusal to carry out a homelessness assessment. 

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Homelessness, Case law, Legal

The Supreme Court has delivered its judgment on the discriminatory impact of the bedroom tax.  The Court considered seven cases and decided that there was an "inexplicable inconsistency" in the policy's differing treatment of adults and children with disabilities.

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Benefits, Legislation, Welfare Reform, Case law

Carmel Ferguson, Solicitor with Housing Rights, analyses a recent decision from the Chancery Master which deals with a second charge lender’s rights to pursue possession proceedings in respect of a secured loan.

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Repossession, Case law, Legal

A judgment from the England and Wales Court of Appeal will be relevant to any social landlord wishing to recover possession of a dwelling due to a tenant’s alleged breach of tenancy conditions.  This judgment sets out guidance on:

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Repossession, Social Tenancies, Case law, Legal

Solicitor Carmel Ferguson looks at a recent judicial review into London Borough of Southwark’s refusal to allow an applicant to make a fresh application for homelessness assistance, after the applicant’s original application was unsuccessful.

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Homelessness, Case law, Legal

Since landmark judgments in the Pinnock and Powell cases back in 2011, housing practitioners and legal professionals have questioned how human rights arguments can be applied to possession proceedings in the privately rented sector.  Carmel Ferguson, Solicitor with Housing Rights, considers a recent Supreme Court judgment that delivers clarity on this issue.

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Repossession, Private Tenancies, Case law, Legal

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