Bedroom Tax/changes to housing benefit: different discussion in regards to the law

[leclerc]

This originally would have started out as a continuation of the changes in Housing Benefit(what is called by some the "bedroom tax"). To be honest, I am not interested in the merits of the introduction of the changes since we might go down that issue of benefit culture. I am only interested in what I have started below, if that makes sense

On facebook a message is going round which relates to the issue of a bedroom for 1 person needing to be 70 feet. I was intrigued, mainly cos I thought it was a hoax, so I did a bit of looking on this.

The Housing Act 1985 section 326
http://www.legislation.gov.uk/ukpga/1985/68/section/326

The above clearly states the issue of the size of a room in relation to a bedroom. The question raised on the facebook page is that if it is under 70 square feet then it is not classified as a bedroom. I disagree in part to this as I think section 3 is the definition, ie under 50 square feet.

Nottingham County Council are looking at reclassifying some of their 2 bed tower blocks into 1 bed flats on that basis.
http://www.bbc.co.uk/news/uk-england...shire-21931443

What does everyone else thinks and is this, providing the measurements are correct, a valid way of appealing a housing benefit reduction? Or am I kinda talking out my posterior?

[Eloise01]

Re: Bedroom Tax/changes to housing benefit: different discussion in regards to the la

That's a very interesting question. Someone I know lives in Leeds, and tells me that they are also doing this, but across their stock. She has a two bedroom house, although calling the second room upstairs a bedroom is describing it rather grandly - the bathroom is bigger, and "broom closet" would be more apt as a description. Other properties of this size which are empty are being redescribed as one bedroom. She has been trying to get rehoused for several years as the room her son is in is so small that they cannot fit in a bed that is the required length for him (and he is only 12!), but have been refused because they only need two bedrooms and that is what they have. The empty property that is exactly the same as hers but five doors down is now a one bedroom. Because hers isn't empty, it is two bedrooms! So she cannot be considered over crowded and for rehousing, because she already lives there. But if she was in the same position but homeless the house the council considers big enough for her now would not be suitable because it would be a one bedroom! Go figure!

[leclerc]

Re: Bedroom Tax/changes to housing benefit: different discussion in regards to the la

Eloise has she measured the size of the bedroom? If it is less than 50 square feet then technically I think she should as that her property is reclassified as a I bedroom

[Eloise01]

Re: Bedroom Tax/changes to housing benefit: different discussion in regards to the la

I don't know all the details but I will pass this on. I only happened to hear about it last night as she was at an event I attended, and she was asking me if I could help (everyone thinks a lawyer knows all the law!), so I gave her a few names of people who deal with welfare / housing law who might be able to help. I suspect that if the same properties when empty are being reclassified, it would go against natural justice not to consider her property too small for three people. But what do I know???

[seduraed]

Re: Bedroom Tax/changes to housing benefit: different discussion in regards to the la

There are shades here ofthe window tax . i have heard of other plans including bricking up the window so that it cannot legally be uses as a bedroom and removingthe door to make the building open plan and thus only one room .

[leclerc]

Re: Bedroom Tax/changes to housing benefit: different discussion in regards to the la

There are shades here ofthe window tax . i have heard of other plans including bricking up the window so that it cannot legally be uses as a bedroom and removingthe door to make the building open plan and thus only one room .

But with council housing you can only make alterations with the council/Housing societies' permission so in regards to housing benefit the above would simply not be possible unless permission was granted.