Challenging Council Rent!

spursfatboy · 15 November 2012 at 11:23AM

Hi,

Desperately looking for help on behalf of a friend.

They are a council tenant, in receipt of benefits (not sure which ones other than child benefit).

Is there any way that she can challenge the council on the rent they set for the property. She has a 3 bedroom house (bedrooms all upsairs).

She has just been told that from April she will have to pay 14% of her rent for a 'seperate' dining room which the council claim is a potential 4th bedroom.

Having looked at rents in the local area, hers is one of the highest, being almost double that of a 6 bed property within a one mile radius!

the dining room is seperated from the kitchin by a door and in its present state is not seperated from the front room (there used to be double doors diving the two).

My questions are:

If the council are insisting on calling the dining room a bedroom for the purposes of rent, should this room be entirely divided by a wall from the front room, with the council carryin out the works?

If this was to be done, would there not be a fire risk of having a bedroom next to a kitchin, no other way into the room other than through the kitchin and therefore no other way out in an emergency such as a fire?

If the council do not divide the room correctly or adequately provide a safe exit route can the rental amount be challenged?

Who could my friend talk to about challening the rent or having the works done to make it a 4 bed?

Sorry for waffling on but I would really appreciate any help or guidance on this subject.

Many thanks

SFB

ILW · 15 November 2012 at 11:28AM

She can always end her tenancy and go private if she does not agree with the level of rent.

Dunroamin · 15 November 2012 at 12:41PM

How many people are there living in the house?

mazza111 · 15 November 2012 at 12:51PM

It's about the number of people living in the house compared to how many bedrooms there are.

I also had a dining room, next to the kitchen, which was classed as a bedroom. Nothing illegal about it afaik.

This is something the government brought in to encourage people to move into smaller properties to suit the size of their families.

maninthestreet · 15 November 2012 at 3:49PM

mazza111 wrote: »

It's about the number of people living in the house compared to how many bedrooms there are.

I also had a dining room, next to the kitchen, which was classed as a bedroom. Nothing illegal about it afaik.

This is something the government brought in to encourage people to move into smaller properties to suit the size of their families.

In the case presented here, the 'dining room' is not a separate room at all.

CAB_Wyre_Forest_representative · 15 November 2012 at 4:11PM

hello spursfatboy

From next year the rules regarding housing benefits and rent are changing. One of the changes is that housing benefit will be paid on the number of bedrooms that a person needs for their family unit. For instance a family with one child would only need a two bed roomed property. If the rent for a two bed property is for £100 per week and you are renting a three bed property at £125 per week then you will be paid Housing Benefit based on £100 per week and you will need to pay the extra £25 per week from your income.

With regard to a dining room we would suggest that your friend questions the council on the definition of a bedroom and possibly make a formal complaint or appeal about the assessment. At some point there will have to be a workable definition if there are to be appeals although we have not found one.

If the decision is correct then your friend can presumably take in a lodger or as others have suggested move to somewhere that they can afford

mazza111 · 15 November 2012 at 8:37PM

maninthestreet wrote: »

In the case presented here, the 'dining room' is not a separate room at all.

Guess that would depend on who removed the door? Has it been done for easier access by the tenant? Mine didn't have a door on it either, but it was still classed as a 3 bedroom property.

spursfatboy · 21 November 2012 at 5:41AM

Hi, thanks for all the replies and apologies for the numerous spelling mistakes, which I've only just noticed.

There is currently the tenant and her two children aged 14 & 5 one girl one boy.

With regards the dining room/4th bedroom the double doors were taken out by one of the previous tenants and were not in place when she moved in.

She is looking to exchange homes through the homeswapper scheme, however the rent is proving to be a deal breaker wih potential moves falling down owing to the level of rent.

SHe is continuing to try and find out from the council their definiation of a dining room and how it applies to her property but unfortunately they are proving to be somewhat elusive.

Thanks again for your replies.

SFB

spursfatboy · 21 November 2012 at 5:56AM

Just to add, I didn't assume that it was illegal, but queried how it can be considered safe to have a bedroom next to a kitchen where the only entry/exit is through the kitchen (assuming a permanent wall was put up between living room and dining room) if there was to be a fire in the kitchen that bedroom would offer no means of escape.

Also, to go private would be to give up much of the 'security' she has at present in terms of keeping a roof over her childrens heads.

She moved into the property as a 3 bed home which she was entitled to, with herself and two children of age and gender differences.

Once again thanks for all your replies.

SFB

Fire_Fox · 21 November 2012 at 9:09AM

Can't you get out of the window in the event of a fire? Does sound like the council think there is a partition between the living and dining areas that is not in fact in place.

spursfatboy · 22 November 2012 at 3:30AM

Hi, having had a quick look at the fire regs, if they block the wall up to create the room, thus creating an 'inner room' the windows are above the height recommended for a safe exit. Also the only person who's going to be getting out of them, because of the way they hinge is going to be a toddler. So the windows are too high, but also crucially i think, far too narrow to offer a real escape route.

This is proving to be a bit of a conundrum, do the council convert the room properly to make it a usable bedroom and do so within fire regs, which I assume is going to cost them money, or do they accept that it's a 3 bed and the rent, in comparison to properties in the local area which and offer more bedrooms, is very high.

For example the rent in question is £240 + pw for a post war house. A 6 bed house on a parallel road is rented at c£150 pw and is a period property with bedrooms of a far bigger size.

I guess she will have to wait and see.

Challenging Council Rent!

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