Landlords To Launch Legal Challenge To Osborne's Tax Relief Changes

A group representing 250 landlords is to launch a court challenge against tax changes to buy to let coming into force in 2017, claiming they have been victimised by George Osborne.  The landlords have obtained legal advice that they have grounds to mount a judicial review of the tax changes, claiming that it breaches human rights legislation and European law. From 2017, tax relief for buy to let will gradually be cut to a flat rate of 20% compared with the 40% or 45% that some landlords currently enjoy. In the autumn statement the chancellor added an extra 3% stamp duty on buy-to-let purchases. Read more on the Observer website.

Council Facing Judicial Review over Private Sector Licensing

Landlords have launched a legal challenge to plans by a local authority to charge for licences to manage properties. The Croydon Guardian newspaper says Croydon council is facing a judicial review of its scheme after a group of businessmen filed papers with the High Court. Currently the licensing regime is set to be introduced in October; the authority took the decision in March following a three-month public consultation. As with so many recent licensing schemes, the private landlord will have to prove he or she is "fit and proper" for the role - and, perhaps most importantly for the council, each landlord will have to pay up to £750 for the licence. Read more on the Letting Agent Today website.

Ruling a Major Step in Tackling Injustice Faced By Single Homeless People

The Supreme Court has ruled on a long-running legal challenge to the way councils decide who is 'vulnerable' enough for housing help. As a result, single homeless people will no longer have to prove they are particularly vulnerable compared to other homeless people in order to qualify for support. This follows interventions in the case by national housing and homelessness charities Crisis and Shelter. Read more on the Crisis website.

HAs Say They'll Sue If Tories Force Them To Sell Off Homes Under Right-To-Buy

Housing associations set to be crippled by Conservative plans to extend the right-to-buy policy will launch a legal challenge against the move. The Tories have announced that they will force housing associations to sell off homes at a fraction of their value despite warnings that the policy could cause the not-for-profits to go bankrupt. Because housing associations are private not-for-profit businesses, forcing the sale of homes at below market value could potentially breach Article 1, Protocol 1 of the European Convention on Human Rights, which gives everyone the “right to the peaceful enjoyment of one’s possessions”. Industry sources also say charity law would have to be changed to accommodate the move because charities, including many housing associations, are generally prohibited from selling off their assets at below market value. Read more on the Independent website.

Council Allocation Policies Challenged By Court Ruling

Councils across the country may be forced to tear up allocation policies denying people from accessing housing waiting lists following a successful court challenge. Last Thursday, the Court of Appeal ruled that Hammersmith and Fulham’s policy, which disqualified Lina Jakimaviciute from its housing register because she was living in temporary accommodation, was unlawful. The court found that the policy breached the 1996 Housing act, which requires councils to give ‘reasonable preference’ to homeless people. Lawyers now believe that the ruling sets a legal precedent for other English local authorities. Read more on Inside Housing.

Bedroom Tax Bill Would 'Create More Administration for Social Landlords'

A proposed bill to exempt hundreds of thousands of households from the bedroom tax would lead to legal challenges, appeals and more administration costs for social landlords, sector experts have warned. A private members bill to change the bedroom tax, tabled by Liberal Democrat backbencher MP Andrew George, passed its second reading in the House of Commons by 306 votes to 231 last Friday. Giles Peaker, partner at law firm Anthony Gold Solicitors, said social landlords would have to monitor bids through their choice-based lettings systems to see who has rejected a reasonable offer of accommodation. They would then have to share the information with the local authority housing benefit department. Read more on Inside Housing.

Government Attempting To Slash 'Incorrect' Homelessness Decisions

Officials are attempting to slash the number of ‘incorrect’ council homelessness decisions by inviting organisations to bid for a £4.5 million housing advice contract. The bidding prospectus for the contract, which will deliver support, advice and training for front line housing and homelessness advice staff from October this year to March 2016, has been announced by the CLG. The prospectus said officials wanted to save money on contesting court challenges by homeless people who feel they have been unfairly treated by councils. Download the prospectus from the GovUK website.

Rape Victim Legally Challenges Bedroom Tax

A victim of rape, assault, harassment and stalking has launched a legal challenge against the bedroom tax on the grounds it is ‘discriminatory’. The claimant has issued judicial review proceedings in the High Court against the secretary of state for Work and Pensions, Iain Duncan Smith.  Known only as ‘A’ to protect her identity for her safety, the claimant has a specially adapted home with a panic room, and says the new housing benefit regulations are discriminatory and will have devastating consequences for herself and her son.  A and her 10-year-old son, who currently live in a three-bedroom property, are only entitled to receive housing benefit for a two-bedroom property. A’s legal team say that it is not feasible for her to move or take in a lodger.  Read more on Inside Housing.

High Court to Hear ‘Bedroom Tax’ Challenge

The High Court will today (15 May) begin hearing a series of legal challenges to the government’s ‘bedroom tax’. Lawyers representing 10 families who feel they have been discriminated against by the penalty for under-occupation of social housing will set out their arguments over the next three days. The three law firms representing the families argue they need all the bedrooms in their properties, and are unable to take measures to make up the shortfall in housing benefit by increasing their working hours or taking in lodgers. Read more on Inside Housing.

Bedroom Tax to Be Introduced Before Legal Challenge

A legal challenge to the government’s penalty for the under-occupation of social housing will not go ahead until after the policy is introduced on 1 April. A High Court judge has set a timetable for the case, saying the court will rule on whether it can go ahead by mid-March. If it does get the go ahead then a full hearing is unlikely to take place until May.  The challenge has been brought by 10 disabled people and their families. Under the under-occupation penalty, or ‘bedroom tax’, housing benefit for working-age social housing tenants will be cut if they are deemed to have spare rooms.  Read more on Inside Housing.