Bedroom tax

ANDY1964

Hi

I have a number of disabilities and in receipt of the higher rate PIP for both daily living and mobility.

I would be grateful for any advice in respect of my concerns

Five years ago I had a section 21 in respect of non payment of rent.

Part of the reason why I got in debt and of which I am now arguing against my local council is that they have since 2017 been charging me bedroom tax, even though the spare bedroom that they have charged bedroom tax for is used because of my disability so as I now understand matters, I should have been exempt from the bedroom tax.

The question that I am asking is that can that court order be challenged say on the grounds that the Council are part blame for the unpaid rent because in theory they were part responsible for that debt by unlawfully charging me bedroom tax?

Any advice would be really appreciated.

tacpot12

Do you share your home with anyone? Do you have a live in carer? What sort of landlord do you have (Private, Housing Association, Local Council)? Have the council accepted that you should have been exempt from the bedroom tax? Are you exempt from the bedroom tax now? 

Not withstanding the questions above, which are aimed at helping understand whether you are or should have been exempt from the bedroom tax, I don't think you can challenge a court order to evict you on the basis that you didn't pay the rent. The landlord is entitled to their rent. 

Can you confirm when the court order was made? And what did it order?

poppy12345

No working age person is automatically entitled to be exempt from the bedroom tax. In what way do you use the spare room for your disability?

ANDY1964

poppy12345 said:

No working age person is automatically entitled to be exempt from the bedroom tax. In what way do you use the spare room for your disability?

They would be exempt regardless of any age.

If a carer was to use that spare bedroom, as was the case.

HillStreetBlues

ANDY1964 said:

Five years ago I had a section 21 in respect of non payment of rent.

What bearing has this on your issue?

Part of the reason why I got in debt and of which I am now arguing against my local council is that they have since 2017 been charging me bedroom tax, 

What are you arguing, and with whom?

ANDY1964 said:

The question that I am asking is that can that court order be challenged

What court order?

Spoonie_Turtle

ANDY1964 said:

poppy12345 said:

No working age person is automatically entitled to be exempt from the bedroom tax. In what way do you use the spare room for your disability?

They would be exempt regardless of any age.

If a carer was to use that spare bedroom, as was the case.

No, no automatic exemptions.  The only things PIP does (to my knowledge) is entitle someone under 35 to the one-bedroom rate instead of shared accommodation rate, for people privately renting.  And it exempts someone from the non-dependant deduction if they have a non-dependant living with them.  This is not the same as the 'bedroom tax'.

Having a specific reason - e.g. *needing* a carer to stay overnight - is what gives exemption of the reduction for a spare bedroom.

poppy12345

ANDY1964 said:

poppy12345 said:

No working age person is automatically entitled to be exempt from the bedroom tax. In what way do you use the spare room for your disability?

They would be exempt regardless of any age.

If a carer was to use that spare bedroom, as was the case.

No they would not because there's no automatic exemptions. 

sheramber

HillStreetBlues said:

ANDY1964 said:

Five years ago I had a section 21 in respect of non payment of rent.

What bearing has this on your issue?

Part of the reason why I got in debt and of which I am now arguing against my local council is that they have since 2017 been charging me bedroom tax, 

What are you arguing, and with whom?

ANDY1964 said:

The question that I am asking is that can that court order be challenged

What court order?

presumably for this

Five years ago I had a section 21 in respect of non payment of rent.

Part of the reason why I got in debt and of which I am now arguing against my local council is that they have since 2017 been charging me bedroom tax,

Background information here

https://forums.moneysavingexpert.com/discussion/6514418/charge-for-extra-bedroom-uc#latest