Legal Implications of Welfare Reforms: Appealing Tenants Jenny - PowerPoint PPT Presentation

Aug 31, 2022 •788 likes •962 views

Legal Implications of Welfare Reforms: Appealing Tenants Jenny Francis, Senior Associate 12 November 2013 Bedroom Tax What is it? The deductions How many bedrooms does a household need? What is a bedroom? Not defined for

Legal Implications of Welfare Reforms: Appealing Tenants Jenny Francis, Senior Associate 12 November 2013
‘Bedroom Tax’ – What is it? • The deductions • How many bedrooms does a household need?
What is a bedroom? Not defined … for landlords to decide • Conflict with overcrowding legislation •
What is a bedroom? Re-classification? •  Careful consideration Funding covenants • Contractual requirements • Other requirements • Rent level • Lord Freud  Past rent •
Potential challenges • The (mostly) Unknown • High Court cases – discrimination against disabled persons  The facts  The decision  The implications
Potential challenges • Your experiences
Potential challenges • Reasonable to grant possession orders? • Reasonable to suspend possession orders? • Judicial review/public law challenges  Against who?
Our suggested approach • Prepare & equip your housing officers with a standard witness statement which includes:  Steps taken to inform tenant  Steps taken & offers made to tenant  Personal information about the tenant  DHP
Potential challenges Focus on bedroom tax today – but what about Universal credit and end of direct payments? • Use of ground 8? • Policy changes? • Ending starter tenancies for rent arrears? •
Court procedure • Appellants notice • Grounds for appeal • Public funding
What can you do? • Allocations policy  Policies and procedures  Do you allow an extra bedroom?  What priority do you give ‘under - occupation’?  Effect on existing arrangements? If you offer fixed term tenancies, can you be creative?
What can you do? • Tenancy agreements – making changes  New agreements  Existing tenancy agreements • Secure • Assured  By agreement  Unilateral variation provision – the risks
What can you do? • Tenancy agreements  Direct debit/automatic payment/bank account  Former tenancy arrears clause  Frequency of payments?  Ground 8
What can you do? • Tenancy agreements  Bedroom  ‘Disclaimer’  Approach to lodgers and sub-letting?  Services
Things to look out for • Case decisions & patterns  Share information as much as possible  Court users group • Changes to the pre-action protocol • Further Regulations & guidance
If you have any queries or comments in regards to this document please contact Jenny Francis of Anthony Collins Solicitors LLP on 0121 214 3553 or jenny.francis@anthonycollins.com

Recommend

A Household/Village Approach to the Analysis of Land Access and its Implications on Household

A Household/Village Approach to the Analysis of Land Access and its Implications on Household Welfare Stefania Lovo LAND ACCESS Land reforms/Agrarian reforms are one of the key instruments for addressing rural poverty and improving living

315 views • 20 slides

Universal Credit and Welfare Reforms Resources Scrutiny 12 th Nov 2015 Objectives of todays

Universal Credit and Welfare Reforms Resources Scrutiny 12 th Nov 2015 Objectives of todays briefing To give an overview of the welfare system and the Councils role To re-cap on the benefit changes that were introduced in

438 views • 31 slides

Social Policy Paradigms, welfare state reforms and the crisis B. Palier From Neo-liberalism to

Social Policy Paradigms, welfare state reforms and the crisis B. Palier From Neo-liberalism to Liberal Neo- Welfarism? M. Ferrera David Natali University of Bologna Social Policy Paradigms, welfare state reforms and the crisis, B. Palier

500 views • 14 slides

Welfare Reform & Troubled Families Projects & Troubled Families Projects Implications for

Welfare Reform & Troubled Families Projects & Troubled Families Projects Implications for Bristol Sam Flowers Welfare Reform Programme Manager Tim Fletcher Welfare Reform Impact Assessment Alistair Gilbert Ali t i Gilb t CYPS Troubled

341 views • 18 slides

Workshop Report 6 th ESDN Workshop Reforms for Measuring Welfare and Wealth in the Context of

Workshop Report 6 th ESDN Workshop Reforms for Measuring Welfare and Wealth in the Context of Sustainable Development Hosted by the ESDN in cooperation with the German Federal Ministry for the Environment, Nature Conservation and Nuclear

786 views • 21 slides

Child Welfare Policy Coordination Impact & Implications across County & State Government

Child Welfare Policy Coordination Impact & Implications across County & State Government Nathan L. Scott III, BA, CCPP Child Welfare Policy Coordinator Serving DeSoto, Manatee & Sarasota Counities Objectives Children See -

257 views • 21 slides

Clive Jones Welfare reforms: Revenues and Benefits Manager Universal Credit roll out

27/02/17 Internal Enforcement A Council Perspective One Year On The Current Operating Context Reducing Residual Support Grant. Clive Jones Welfare reforms: Revenues and Benefits Manager Universal Credit roll out impacting on council

112 views • 8 slides

Cross-Border Banking and Regulatory Reforms: Implications for Africa from International

Cross-Border Banking and Regulatory Reforms: Implications for Africa from International Experience Lyndon Nelson Deputy Chief Executive Prudential Regulation Authority Bank of England Home and Host Issues 3 Bank more important to

310 views • 7 slides

Child Welfare: Legal Leaders at the Forefront Trauma-Informed Legal Systems: A New Paradigm for

Trauma-Informed Systems Change in Child Welfare: Legal Leaders at the Forefront Trauma-Informed Legal Systems: A New Paradigm for Understanding & Reaching Childrens Troubling Behavior Jim Henry, PhD, MSW Mark A. Sloane, DO, FACOP, FAAP

901 views • 73 slides

Regulatory and legal implications of food-like presentations Philippa Horner, Principal Legal

Regulatory and legal implications of food-like presentations Philippa Horner, Principal Legal Adviser, TGA Trisha Garrett, Assistant Secretary, Complementary Medicines Branch, TGA ARCS Scientific Congress 2015 7 May 2015 Why do we need to

370 views • 23 slides

Systems of Welfare in a Changing World: Implications for Korea p Martin Seeleib-Kaiser Paper

Systems of Welfare in a Changing World: Implications for Korea p Martin Seeleib-Kaiser Paper prepared for presentation at the seminar Korea in Search of a New Welfare State Model Korea Institute of Finance (KIF) Seoul Korea Institute of

474 views • 33 slides

How Costly is Global Warming? Implications for Welfare, Business Cycles, and Asset Prices. M.

Intro The model Calibration Results Conclusion How Costly is Global Warming? Implications for Welfare, Business Cycles, and Asset Prices. M. Donadelli M. J uppner M. Riedel C. Schlag Goethe University Frankfurt and Research Center SAFE

466 views • 27 slides

The Welfare Implications of Fiscal Consolidations in Low-income Countries Adrian Peralta-Alva 1

The Welfare Implications of Fiscal Consolidations in Low-income Countries Adrian Peralta-Alva 1 Xuan S. Tam 2 Xin Tang 1 Marina M. Tavares 1 1 International Monetary Fund 2 City University of Hong Kong September 21, 2019 The views expressed here

686 views • 33 slides

Election 2020: Public Health Legal Reforms and Projections November 16, 2020 | 2:00 3:00

Election 2020: Public Health Legal Reforms and Projections November 16, 2020 | 2:00 3:00 PM ET Co-sponsored by: 1 How to Use WebEx Q & A 1. Open the Q&A panel 2. Select All Panelists 3. Type your question 4. Click

641 views • 36 slides

Insurance and Opportunities: The Welfare Implications of Rising Wage Dispersion Jonathan

Insurance and Opportunities: The Welfare Implications of Rising Wage Dispersion Jonathan Heathcote (Georgetown University) Kjetil Storesletten (University of Oslo) Gianluca Violante (New York University) Money and Banking Workshop, University

726 views • 62 slides

Childrens Legal Services Child Welfare - Do We All Speak The Same Language? * *Disclaimer:

The Florida Department of Children and Families Childrens Legal Services Child Welfare - Do We All Speak The Same Language? * *Disclaimer: any resemblance to an actual person or case is purely coincidence. Do not take offense if you

478 views • 32 slides

Legal Obligations under the Paris Agreement: Implications for Business Professor Eric W. Orts

Legal Obligations under the Paris Agreement: Implications for Business Professor Eric W. Orts [presented by Eleanor Mitch] KNOWLEDGE FOR ACTION Global Legal Architecture of Climate Change Policy: From Top-Down to Bottom-Up

446 views • 13 slides

HR Act: Implications for HR Practice in Kenya ENACTMENT OF HR ACT The legal framework for

19 TH ANNUAL NATIONAL HRM CONFERENCE HR Act: Implications for HR Practice in Kenya ENACTMENT OF HR ACT The legal framework for governing entry and conduct in the Human Resource management profession received Presidential assent on 31 st

656 views • 13 slides

housing: exploring moral and legal discourses in an era of growing welfare conditionality

Housing rights and rights to housing: exploring moral and legal discourses in an era of growing welfare conditionality Suzanne Fitzpatrick, 10 th April 2013 Introduction Rights moral and legal; global and national

375 views • 12 slides

Rural Land Policies: Legal Framework and Implications on Rural Transformation and Sustainable

Rural Land Policies: Legal Framework and Implications on Rural Transformation and Sustainable Growth Getnet Alemu, Addis Ababa University 19 May 2011 ERD Consultation, Maastricht 1 Legal Framework One of the institutional factors that

202 views • 9 slides

(Disadvantaged) Schools: Education vs Welfare Joanna Bragg, Laura A. Winter & Ruth Lupton

(Disadvantaged) Schools: Education vs Welfare Joanna Bragg, Laura A. Winter & Ruth Lupton Context International and National context: Recession and austerity A range of welfare reforms, including the bedroom tax or

287 views • 13 slides

An overview of welfare reform in London Kate Bell London Campaign Co-ordinator

An overview of welfare reform in London Kate Bell London Campaign Co-ordinator Kbell@cpag.org.uk www.cpag.org.uk A long list of welfare reforms 1 Change Who will it affect Who will implement this Date of change implementation Migration from

248 views • 10 slides

BREXIT: The Legal Implications Jamie McConville 7 July 2016 Agenda Origins What

BREXIT: The Legal Implications Jamie McConville 7 July 2016 Agenda Origins What happened on 23 June 2016? What happens now? Potential implications for the Irish Pensions Industry Origins UK entered the EEC in 1973

378 views • 23 slides

PFM Reforms the way forward for Somaliland PFM-reforms the Somaliland-way 3-4 November,2014

PFM Reforms the way forward for Somaliland PFM-reforms the Somaliland-way 3-4 November,2014 Ministry of Finance 7th High Level Aid Coordination Forum PFM Reforms the way forward for Somaliland The Somaliland PFM Reforms Strategy & PFM

397 views • 7 slides