Bedroom tax appeal

cattermole

Have you found the link you were referring to?

Or did you mean about the loophole mentioned earlier in this thread? I.e. continuously since 1996?

Morglin

The 1996 loophole has been sorted to the extent that tenants affected are due repayment and councils have been told to pay it.

If tenants have problems, with any council, regarding this, they should contact their MP.

The loophole is being closed, but hasn't been yet, so current affected tenants need to make sure they are not being charged bedroom tax.

Lin

cattermole

Thanks Lin I am aware re 1996 rule and they intend to close loophole in March. I was trying to clarify what link iluvmarmite was referring to re High Court (as sizes of room was mentioned).

Also if HBO was aware if any first stage tribunal wins on disability grounds have got dates for Upper Tribunal yet. I've got a bit out of touch.

I can't see in all honesty how the couples carer's cases can fail, which is why some councils have ruled as they have. But legally they are on a very sticky wicket with the government because they have to apply the regulations as they stand. It is taking the law into their own hands in effect, and will face penalties as HBO explained. Maybe on an individual basis with a first stage tribunal ruling, but even that isn't straight forward for the LA.

My main interest is what is happening with the disability discrimination side of it i.e. couples, and those that need an extra room for space etc. in the private and social sector renting.

Morglin

Yes, I don't know where it's all at either - I know some councils have been re designating their properties as, instead of 3 bedroom, being 2 bedroom, with a study which has got around it, but if don't know how the size thing is coming along.

Hopefully, they will get it through, as this bedroom tax fiasco goes from bad to farce....:wall:

Lin

cattermole

I do think it will remain though the Bedroom Tax because it does bring some parity between the private & social sector. It caused such a massive problem because it was retrospective more than anything else

The disability cases that hopefully will be sorted soon, will still keep the parity though because it will apply to both sectors equally. And it has highlighted that these issues where going on in the private sector way before the bedroom tax.

Morglin

I think that, where disability is involved, some common sense should have been applied.

There are sometimes issues around essential equipment, carers etc.,

Of course, that should also apply to private rentals, and LHA.

Lin

cattermole

This makes me really angry!

http://www.westerntelegraph.co.uk/news/10550768.Clynderwen_couple_who_care_for_disabled_grandson_battle_bedroom_tax_charge/

They shouldn't have to be relying on DHP in the first place!!!
But it doesn't look like they appealed the original decision, which isn't good.

I worry that a lot of law firms are jumping on the bandwagon and it's getting very disjointed.

fluffymovie

Thanks Diamonde - nice to get a mention although as I am on in my lunch break, perhaps I should get off!

cattermole

It was last year Fluffy I pulled this post up because I was reading back over some of the old stuff. And wondered where everything was at?

But I do think you and HBO do a great job helping others out in your spare time.

Hope you enjoy your lunch?

Dizzyuk

Hi..

I live in a 3 bedroom flat that was converted from a 2 bedroom in the early 90's.
I moved in 1996, at the time this was perfectly OK as I was 19 at the time and thought 'Great' if I have any children then I am sorted.
18 years later. I have had the kids, but me and the ex split years ago and she has moved away to her own flat. Although one of the rooms is fine for my 13 year old who stays with me at weekends

My issue is 2 of my bedrooms are under this 70 sq feet thing and only suitable for 1/2 a person yes?
I am allowed to get a lodger but have been told by a letting manager friend I have that I could not legally rent out any of those rooms as they are not suitable for an adult. So my council have told me that if I want to rent the room I have to rent them a room and let them keep their stuff in the other room, effectively renting them 2 rooms for the price of one?

I asked them this.. And I am thinking of getting legal advice..

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I have been a resident in my property since April 1996 and although it is a 3 bedroom property I have always said that 2 of the bedrooms are barely large enough to swing a cat let alone use as a bedroom, with hardly any room for a double bed let alone a wardrobe and a chest of drawers.
Years ago these flats this side of the building we're the same as the other side, containing only 2 bedrooms until they were split in 2 and turned into 3 bedroom flats with 2 small rooms that are suitable only for small children.

In any case I have been made aware of the fact that the under section 326 of the Housing Act 1985 the floor space considered to be big enough to be deemed a bedroom must be over 70 sq feet which is less than both of my small rooms that are considered to be bedrooms and considered big enough for me to be charged extra money for under occupancy which is detailed here on the legislation website which publishes all UK legislations and is a core part of the remit of Her Majesty's Stationary Office(HMSO)
legislation.gov.uk/ukpga/1985/68/part/X


I am wondering if as a council you can legally charge tenant'under occupancy for these rooms considering the size of them. The recent changes in benefit law had me looking into possible alternatives such as taking in a lodger but with the room sizes the way they are The Housing Act tells us that a room under 70 sq feet is only suitable for half a person so legally I can not get a adult lodger and rent a room out.

This is leaving me in a bit of a dilemma as at the moment I cannot afford to keep the payments on my rent up as I am being punished for having a alleged 3 bedroom flat that I have been a tenant in since 1996 but on the other hand I cannot legally rent a room and get a lodger as the rooms are to small to be deemed to be legally big enough to rent to an adult or anyone over 10 years old. On the council website you have a step by step guide to renting a room and lots of other information regarding the changes to benefit that came in circa 2013. Nowhere on the site is there any information on room sizes and the fact that people may be under occupying their properties with rooms the council deem to be bedrooms but according to any letting agents and the housing act that these are not legally large enough to house an adult or rent out.

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They replied..

Hi

Please accept my apologies for the delay in responding to your e/mail, we are currently experiencing a high volume of e/mails and calls and this is impacting on our response and work process time. Please accept my assurance that we are doing our best to improve on this . Please be advised I have passed your e/mail to the Housing benefit Section as a request for a Reconsideration of the under occupancy reduction due to the fact that you have resided in property since April 1996.

Please be advised you would not be considered for the removal of the under occupancy reduction based on room size . This would require your property details to be re- defined from 3 bedrooms to two, so this area would be a matter for your Estate officer.

With regards

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So after speaking to my housing officer she states my flat is suitable for 5 1/2 people and said I can get a lodger if I am willing to let them have 2 rooms for the price of one.
So my argument is, they want me to rent 2 rooms out for the price of one and treat 2 rooms as one but when it comes to taxing me for the rooms they want to treat them as 2 rooms??