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Changing classification from 3 to 2 bedrooms
cherry1809
Posts: 3 Newbie
Firstly, hello and happy new year!
Secondly, I hope this is in the right section...
I'm currently living with an ex partner, in a rented council house and have been for 5 years.
It was previously her parents that were the secure tenants, but both have since died (her mum just before Xmas) The council have said that she can have temporary tenancy for 12 months until they or we find more suitable accomadation. The house is currently classed as a 3 bedroom, and after a bit of a meeting they are now looking at finding us a 2 bed.
My ex has been there for about 38 years and really doesn't want to leave. But besides that, the "3rd bedroom" is under sized at 7' X 6' 9"
The council have said we can try to change that, but never told us how to go about it.
Any ideas? As this may help out with other bills etc. too.
Thanks in advance.
Secondly, I hope this is in the right section...
I'm currently living with an ex partner, in a rented council house and have been for 5 years.
It was previously her parents that were the secure tenants, but both have since died (her mum just before Xmas) The council have said that she can have temporary tenancy for 12 months until they or we find more suitable accomadation. The house is currently classed as a 3 bedroom, and after a bit of a meeting they are now looking at finding us a 2 bed.
My ex has been there for about 38 years and really doesn't want to leave. But besides that, the "3rd bedroom" is under sized at 7' X 6' 9"
The council have said we can try to change that, but never told us how to go about it.
Any ideas? As this may help out with other bills etc. too.
Thanks in advance.
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Comments
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That "undersize" bedroom is plenty big enough to use as a bedroom. Why can you not move and allow a family that needs the space to have it?
I know she has been there a long time, but few of us get to stay in the same house forever. That's life.0 -
cherry1809 wrote: »I'm currently living with an ex partner, in a rented council house and have been for 5 years.
It was previously her parents that were the secure tenants, but both have since died (her mum just before Xmas) The council have said that she can have temporary tenancy for 12 months until they or we find more suitable accomadation. The house is currently classed as a 3 bedroom, and after a bit of a meeting they are now looking at finding us a 2 bed.
My ex has been there for about 38 years and really doesn't want to leave. But besides that, the "3rd bedroom" is under sized at 7' X 6' 9"
The council have said we can try to change that, but never told us how to go about it.
Any ideas? As this may help out with other bills etc. too.
Thanks in advance.
Have you enquired about the possibility of your ex inheriting the tenancy from her mother? Here is a link from Shelter about it - http://england.shelter.org.uk/get_advice/social_housing/transfers_and_exchanges/can_you_inherit_a_council_tenancy
Also do you mind me asking why exactly does your ex want to classify the house as 2 bedroom?? Is it because she is hoping by classifying it as 2 bedroom that she will be able to stay living there or is it because she is worried about the effects of the bedroom tax if it is classified as a 3 bedroom?0 -
cherry1809 wrote: »But besides that, the "3rd bedroom" is under sized at 7' X 6' 9"
The size of the room is only relevant for overcrowding purposes, unless that comes in to it then the size doesn't matter except perhaps for the council's own descriptors for the property (in which case it may come in to it for HB purposes if the council decide the property is only a 2 bed).
CraigI no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
The size of the room is only relevant for overcrowding purposes, unless that comes in to it then the size doesn't matter.
Craig
There were a few cases regarding the bedroom tax where people managed to get rooms under 50 sq ft excluded from being counted as bedrooms but the decision was overturned by the DWP for the reason Craig states above.
Here is a link - http://www.insidehousing.co.uk/dwp-overturns-bedroom-tax-room-size-judgement/7007326.article0 -
Ta - I was just about to look for that.PersianCatLady wrote: »There were a few cases regarding the bedroom tax where people managed to get rooms under 50 sq ft excluded from being counted as bedrooms but the decision was overturned by the DWP for the reason Craig states above.
Here is a link - http://www.insidehousing.co.uk/dwp-overturns-bedroom-tax-room-size-judgement/7007326.article
CraigI no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
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That undersized bedroom would take a cot or a child's bed. So why are you trying to keep it? A family could live in that house just as your ex partner did with her parents. Time for you both to move on.0
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That undersized bedroom would take a cot or a child's bed. So why are you trying to keep it? A family could live in that house just as your ex partner did with her parents. Time for you both to move on.
Yes you are right that undersized room could take a cot or a single bed but if the OP's ex wants to stay there, she may be entitled to inherit the tenancy from her mother through succession.
Regardless of how people feel about it the OP's ex has every right to remain where she wants as long as she does it legally and truthfully.0 -
PersianCatLady wrote: »Yes you are right that undersized room could take a cot or a single bed but if the OP's ex wants to stay there, she may be entitled to inherit the tenancy from her mother through succession.
Regardless of how people feel about it the OP's ex has every right to remain where she wants as long as she does it legally and truthfully.
Very true - if the rules allow it to be kept under the specific circumstances then they should be able to keep. If the rules are ineffective then they should be changed to obtain the desired result but that's a whole other argument.
CraigI no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
As you say that you are living with an ex partner is that correct? Are you then a lodger? If you are a lodger why does your ex partner need a 3 bed house or even a 2 bed house? It is unlikely that a council will allow a single person to live in a 3 bed house with a lodger. They have offered a 12 month temporary tenancy. If the council are legally allowed to offer this 12 month tenancy and your ex partner does not have a right to inherit the tenancy then you will be moving in 12 months time. Wouldn't it be better to spend your time helping your ex partner to move rather than trying to make it difficult for the council?
The rights of your ex partner to continue to live in a house that doesn't belong to her have to be balanced against the rights of a family with nowhere to live.
Most adult children don't get to stay in the family home after a parent dies because the surviving parent often downsizes. This situation has only come about because it is a council house. This house was the parent's home now that they are no longer there your ex partner has to do what lots of other people would have to do in this situation. Move.0
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