Bedroom tax appeal

Gazzanoo

Hi, i am living with my disabled wife in a council flat with a small room directly off the lounge which has been classified as a bedroom, i questioned the size 54 sq ft and location directly off lounge but to no avail but being an ex carpenter i considered the construction of the partition. I got in touch with local planning and building regs to queery the type of materials used and was informed that the partition is not compliant with building regulations and have been instructed to ask for a home visit to assess the construction plus window exit size. I am wondering how they will wiggle out of this one. Oh by the way i am being asked to pay £13.64 perweek out of £150 per week benefits. will keep you posted on outcome.

Housing_Benefit_Officer

I have turned down every appeal from people claiming their extra bedroom isn't a bedroom because of the size of the room. There is a false internet campaign telling people to quote a selected section of the 1985 Housing Act. But if you read the act in full it also defines living rooms as bedrooms.

If your landlord decides the bedroom isn't a bedroom then ask for your rent to be reduced to whatever the new size property they decide you have.

hunters

Housing_Benefit_Officer wrote: »

I have turned down every appeal from people claiming their extra bedroom isn't a bedroom because of the size of the room. There is a false internet campaign telling people to quote a selected section of the 1985 Housing Act. But if you read the act in full it also defines living rooms as bedrooms.

If your landlord decides the bedroom isn't a bedroom then ask for your rent to be reduced to whatever the new size property they decide you have.

How come a Housing Benefit Officer has time to post on here when you should be working turning down all these peoples' appeals? What area/council do you actually work for?

Gazzanoo

i am aware Bedroom size is irrelevant in all cases even if you have to sleep standing up. But i am sure that any construction involved has to meet building regs including egress windows, sound transmission and fire retardent or does that not apply to the lower class plebs.

Gazzanoo

Housing_Benefit_Officer wrote: »

But if you read the act in full it also defines living rooms as bedrooms.

So if a living room is a bedroom, under that logic my bedroom is a second bedroom, could throw a cushion in the bath too that would make three, Kitchen floor nice and warm in there, makes four, shed makes five. Starting to feel like i live in a mansion now. Will i be charged Mansion tax next.

Jamie_Carter

Gazzanoo wrote: »

Hi, i am living with my disabled wife in a council flat with a small room directly off the lounge which has been classified as a bedroom, i questioned the size 54 sq ft and location directly off lounge but to no avail but being an ex carpenter i considered the construction of the partition. I got in touch with local planning and building regs to queery the type of materials used and was informed that the partition is not compliant with building regulations and have been instructed to ask for a home visit to assess the construction plus window exit size. I am wondering how they will wiggle out of this one. Oh by the way i am being asked to pay £13.64 perweek out of £150 per week benefits. will keep you posted on outcome.

Just because a building isn't compliant now doesn't mean that is wasn't when it was built/modified. And if it was compliant at the time then they don't have to change it.

Gazzanoo

Property was only altered about 8 years ago and was not classified as a bedroom when we rented it, it was offered to us as a 1 bedroom groundfloor flat. But seemed to be reclassified when the bedroom tax came in.

iluvmarmite

https://www.facebook.com/groups/262812757187644/

solvent2254

My father in law is disabled and the first thing his council advised was to move into a one bed..obviously his wife has to look after him and on occasions might need to sleep on her own etc

My father in law isnt the type of chap who just says 'ok' lol so he fought them basically first he wrote to his local pm,then his doctor even agreed that he needs the two rooms incase his wife (his carer) needs her space to sleep.

so cut a long story short over a period of 8 weeks. He won his appeal. No bedroom tax for them.

To be honest i find it hillarious this goverment scheme..if your on benefits you got to pay but if your in social housing and not claiming you dont need to pay..although they might not even be using the room. My attitude is across the board or nothing,not half assed rules.

So basically mate,go out and fight seriously,disputing room sizes and walls etc will get nowhere,back up why you need the room,get the doctor onside and tell them its not happening

iluvmarmite

I'm not sure housing benefit officer is actually a HB officer at all, he/she has stated an incorrect regulation when it comes to gaining exemption for having a non resident overnight carer, I personally would not trust him/her as this sort of incorrect information could lead to those who qualify to be exempt not actually bothering to fill in the forms because they believe that a member of this forum is a HB officer and has given correct information.

Housing_Benefit_Officer

Gazzanoo wrote: »

Property was only altered about 8 years ago and was not classified as a bedroom when we rented it, it was offered to us as a 1 bedroom groundfloor flat. But seemed to be reclassified when the bedroom tax came in.

Why did they put the wall up? Was it to create an extra bedroom? If you don't need this room then ask them to remove the wall. Until they do this then the Local Authority will argue that it is a second bedroom, irrespective of what you are actually using it for.