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England and Wales Case Law

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Housing law

Dr Noshaba Khiljee v London Borough of Waltham Forest

The Upper Tribunal allowed Dr Khiljee’s appeal, holding that rack-rent under the Housing Act 2004 is assessed by reference to the actual HMO use, not a hypothetical lawful single-let use.

  • House in multiple occupation
  • Civil penalty
  • Rack-rent
  • Person having control
  • Housing act 2004
  • Housing-act-2004
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Social security

BH v Secretary of State for Work and Pensions

The Upper Tribunal held the First-tier Tribunal erred in law by treating PAYE as determinative of employment status and remitted the Carer’s Allowance appeal.

  • Carer's allowance
  • Employment status
  • Overpayment recovery
  • Civil penalty
  • Contract of service vs contract for services
  • Carers-allowance
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Social security

RP v Secretary of State for Work and Pensions

The Upper Tribunal dismissed RP’s appeal, holding the First-tier Tribunal made no error of law in finding no entitlement to the severe disability premium.

  • Severe disability premium
  • Carer's allowance
  • Income-related employment and support allowance
  • Entitlement criteria
  • Overpayment
  • Civil penalty
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Housing law

Rafiul Islam v Thanet District Council

The Upper Tribunal held the First-tier Tribunal had erred in refusing to extend time to appeal a ÂŁ7,500 housing penalty and allowed the appeal.

  • Civil penalty
  • Extension of time
  • Procedural default
  • Appeal process
  • Housing-law
  • Civil-procedure
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Housing law

Kartal Cetin v Epping Forest District Council

The Upper Tribunal held that a let-only agent who received a single rent payment at the start of a tenancy was not a “person managing” an HMO.

  • Hmo licensing
  • Civil penalty
  • Definition of person managing
  • Letting agent liability
  • Housing-law
  • Hmo-licensing
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Housing law

Richard O’Halloran v Cornwall Council

The Upper Tribunal set aside a civil penalty for an unlicensed HMO, finding there was insufficient evidence that all five occupants, including Doris Anyanwu, lived there as their sole or main residence.

  • Civil penalty
  • House in multiple occupation
  • Licensing requirements
  • Standard of proof
  • Housing-law
  • House-in-multiple-occupation
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Housing

Naila Tabassam v Manchester City Council

The Upper Tribunal allowed a landlord’s appeal against a housing civil penalty, holding that failure to update her Land Registry address could amount to a reasonable excuse.

  • Civil penalty
  • Improvement notice
  • Reasonable excuse
  • Service of notice
  • Housing-law
  • Civil-penalties
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Social security law

Secretary of State for Work and Pensions v NS

The Upper Tribunal held that a claimant’s letter announcing retirement and a future pension did not disclose actual receipt of pension income, so ESA overpayments were recoverable.

  • Overpayment recovery
  • Duty of disclosure
  • Civil penalty
  • Interpretation of benefit instructions
  • Social-security-overpayment
  • Duty-to-disclose
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Housing law

Ipolotas Naujokas v Fenland District Council

The Upper Tribunal held the FTT had focused on extension of time instead of deciding whether notice of the penalty had been received, and remitted the case.

  • Civil penalty
  • Service of notice
  • Appeal time limits
  • Procedural fairness
  • Civil-penalty
  • Service-of-notice
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.