What is a bedroom ? and is it a tax ?

hullvon

Hi mysterywoman10, thanks for your reply i phoned the housing trust today to be told that de-classifying the house to a two bedroom would not be of any help as the lha rates say we only need one bedroom even though i sleep in the small box room [as i have had spinal surgery for a broken back] and my hubby is in constant pain and gets very little sleep.so my plan tomorrow is to phone the local council to see if they can help in any way it is so frustrating as we have both always worked and to find ourselfs in this situation through no fault of our own is just mind boggling

Brassedoff

Open question to all, what would they say or do if you said you were estranged? They couldn't possibly expect an estranged couple to sleep together. Many, many couple still stay under the same room, despite estrangement. Two bedroom solution solved.

Richie-from-the-Boro

Brassedoff wrote: »

Open question to all, what would they say or do if you said you were estranged? They couldn't possibly expect an estranged couple to sleep together. Many, many couple still stay under the same roo f, despite estrangement. Two bedroom solution solved.

- in that case one of the couple previously protected by being afforded the legal protections of marriage
- becomes a lodger, but that brings up questions like are they really estranged or still in a relationship
- investigating the household arrangements with the aim of proving that they “live together as husband and wife” is an option
- most HB rules need to decide on (1) estrangement or (2) claim jointly or (3) not at all
- so what would a cash deprived LA do ?, if the compliance officer can prove you are living tally they could force a 'joint claim'
- DM's old guidance and the updated 'what they look for' is here if you are due a visit from a compliance officer these are the questions they ask

tomtom256

Brassedoff wrote: »

Open question to all, what would they say or do if you said you were estranged? They couldn't possibly expect an estranged couple to sleep together. Many, many couple still stay under the same room, despite estrangement. Two bedroom solution solved.

It's not that simple, look up living together. A sexual relationship is a factor but not the only one.

A couple may sleep in seperate rooms as it suits them, questions will be asked and if proof/believed then it may solve ths issue, but you find this scenario popping up more and more and generally its a paper split to maximise benefit income.

Or what Rich said.

mysterywoman10

hullvon wrote: »

Hi mysterywoman10, thanks for your reply i phoned the housing trust today to be told that de-classifying the house to a two bedroom would not be of any help as the lha rates say we only need one bedroom even though i sleep in the small box room [as i have had spinal surgery for a broken back] and my hubby is in constant pain and gets very little sleep.so my plan tomorrow is to phone the local council to see if they can help in any way it is so frustrating as we have both always worked and to find ourselfs in this situation through no fault of our own is just mind boggling

So you are getting LHA just the one bedroomed rate? I was a bit confused because it was called a Housing Trust.

Next month May a case will be going to High court about a couple that cannot share for medical reasons, so depending on the outcome of that case, you may then able to be entitled to the two bedroom rate of LHA.

The issue of a couple not being able to share if the case is ruled in the High Court in their favour (fingers crossed it will be, because the case law is strong) then the DWP will have to allow an exemption for couples that cannot share for medical reasons. So there is some hope. I'll see if I can find out when the hearing date is.

I wouldn't recommend the estranged route, honesty is the best policy.

skcollobcat10

oioioioioioioioioi

Brassedoff

skcollobcat10 wrote: »

Brassedoff wrote: »

I will not disagree with you on some points. One major problem that the right to buy has brought about is the lack of council housing. They should never have sold stock off without replacing it on a one for one basis.

Finally, as mush should be done to stop these leaches who own several houses and rent them out on 6 month contracts giving no one security.

I agree with you in the first paragraph, that council houses should have been replaced on a one for one basis. In Aberdeen that is why we have council 1 bedroom FLATS for sale between £80,000 - £100,000, tenants in approx 2004 bought these places from the council for £29,000.

I do not agree with you calling landlords leaches who own several houses. I am paralysed in a wheelchair and I am one of these landlords that you call leaches, I have good tenants and treat them well.

Ahhhh, long story, mine are Assured Tenancies. I only ask they treat it as if I was their own in return for that.

You and I are one of the exceptions. I know the rule is different. Many purchased on 120% mortgages, this means they cannot do any repairs from what I see. They run through Agencies who have forgotten it's people's homes, not renting cars.

I will still stick to my guns. Council houses one sold should have been replaced on a 1-4-1 rating to endure sufficient housing took, not the situation we have now.

System

If your property is classed as a 3 bedroom house and you have a parlour room the council are classing this as a 4 bedroom property to gain more tax.
You would not be able to class your property as a 4 bedroom home if you want to sell your home.

Richie-from-the-Boro

Implications for others, this test case creates 'case law'.

Implications for other 'others'

mysterywoman10

I have to be honest it was a clear cut case Richie because the government as you know have now conceded burnip/trengove/gorry. They probably started the appeal before the step-down by the government. So it wasn't really a test case as such because the gory case now is case law. But this clearly strengthens it wooooooooooooo hoooooooooooooooooo.

It''s all positive news and good to see it in action.

The problem is people needing to access legal aid for other scenarios. I'm so crossing everything for next month and the couples case and the single disabled person with a room needed for equipment etc.

Lucy's law