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BEDROOM TAX

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I am paying under occupancy ( bedroom tax ) for my box room which is only 6ft 3in X 5ft 7in. I have been paying approx £13 pw since the tax came into force. Does anyone know whether I can challenge this as it never has and cannot be used as a bedroom . 
                                                            Thanks in advance

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  • edited 29 July at 7:18PM
    sammyjammysammyjammy Forumite
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    edited 29 July at 7:18PM
    You can challenge anything you like but on the basis of what you've said you don't have a hope.  Why can it not be used as a bedroom?  Sounds perfectly useable if small.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • hucksterhuckster Forumite
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    Whoever owns the property would have to go through a ratings challenge through the local Council.  But if the House then has less bedrooms, when it is sold, it would then be listed as having fewer bedrooms, so possibly a reduced market value.

    So not that straightforward.  
    Measuring a room that is listed as a bedroom and arguing that it is not a bedroom simply to try to have the bedroom tax removed is not really something that can be done to my knowledge.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • calcotticalcotti Forumite
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    The test is not what you use it for. There is some case law around the size of a room and whether or not it can be called a bedroom but I can't find it at the moment.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • ElephantBoy57ElephantBoy57 Forumite
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    A single bedroom has to be 70 sq/ft or 6.5 sq/m to be classed as a full (1.0) bedroom. If it is 9ft x 7ft then it is 63 sq/ft and just 0.9 of a bedroom.
    The size standards are found in the 1985 Housing Act section 326 (and see here for an overview http://www3.westminster.gov.uk/docstores/publications_store/overcrowding... ) which ironically deal with overcrowding and set out the 70 sq/ft issue and also the fact that anything under 50 sq/ft (eg 7ft by 7ft) cannot be deemed as a bedroom at all.




  • edited 30 July at 11:32AM
    calcotticalcotti Forumite
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    edited 30 July at 11:32AM
    A single bedroom has to be 70 sq/ft or 6.5 sq/m to be classed as a full (1.0) bedroom. If it is 9ft x 7ft then it is 63 sq/ft and just 0.9 of a bedroom.
    The size standards are found in the 1985 Housing Act section 326 (and see here for an overview http://www3.westminster.gov.uk/docstores/publications_store/overcrowding... ) which ironically deal with overcrowding and set out the 70 sq/ft issue and also the fact that anything under 50 sq/ft (eg 7ft by 7ft) cannot be deemed as a bedroom at all.
    But the fife case was overturned in the High Court. I can't find what happened next
    https://www.thecourier.co.uk/news/local/fife/141335/landmark-fife-bedroom-tax-ruling-overturned-by-high-court-judges/
    https://nearlylegal.co.uk/2014/12/elephant-bedroom/
    The comment section in the second link is helpful in understanding the issues (by this I mean the comment section of the article itself, not the Comments below the article - although I daresay some of those make interesting reading too).
    However, as I said, i am not sure of the current legal position.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Pok3monPok3mon Forumite
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    My question would be has it ever been used as a bedroom in the past? If it has there is your answer.
  • leachy10leachy10 Forumite
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    I have lived in the property for 21 years and have never used it as a bedroom . When the previous tenants lived  here the bedroom was much larger but before I moved in the council made it the size it is now so the adjoining bathroom could be much bigger
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