Bedroom Tax

[caro]

How old was your son when he used the room? It is always worth appealing.

[caro]

Thanks for the replies. I will read the links posted.

 

It is a Council house. The room concerned is a box room, the box is there as the room is above the stairs in the hallway.

 

When it was used as a bedroom we used to tell the Council we thought it was too small, but they was not interested. When there was a bed in there there was no room for anything else.

 

The room was used by our youngest child, then when our older child moved out, we let him have the other bigger room.

 

This as been going on since August last year when we told the Council our older child had moved out.

 

The room does have heating, ventilation, lighting and heating, its just very small.

 

Could somebody please tell me if i did appeal and go to the Tribunal, who will attend? Would it be someone from where Housing Benefit is paid or my local housing office. It is a Council house, but what does a NHO housing mean.

 

Thanks all

 

Normally it is someone from the council that pay HB but sometimes the LL sends a representative too?

 

What size is the room skirting board to skirting board? Does it have any special featured such as sloping ceiling that make any part of the room unusable?

[caro]

When I attempted to do the same thing, it became apparent that council properties are governed and come under different legislation regarding the bedroom tax.

 

If it is private or social housing, then all the council will do is speak to your LL and if they state that your property is a 3 bed, then the LA will take their word for it.

 

After all, it isn't in your LL's interest to say you're in a 2 bed because they will lose rent, as opposed to a 3 bed which will command more rent.

 

I live in a 2 bed flat, and the 2nd bedroom is under 43sqft, as such it is used to store my wheelchair and a wardrobe, but because my LL (social housing) will not reclassify the property, as there are 13 other flats in the building and they will lose rent, then the LA with the full support of the governments social cleansing program, will reduce you housing security.

 

You need to appeal the decision BB. In terms of size and usage that is not a bedroom. Read the Nelson & Fife v DWP case. From what you've said here you appear to have a rock solid case.

[caro]

http://www.housingsystems.co.uk/Portals/0/SSWP-v-David-Nelson-and-Fife-Council.docx

[caro]

Many thanks Caro, I've let it go for the time being, had bigger fish to fry ie. the DWP, and that took me three years!

Currently I'm in receipt of zero help from my LA, and I'd like to keep it like that, the DWP are a big enough issue in themselves.

 

In some ways I can understand that. Going to tribunal takes a lot of time and effort to build your case. I don't know your circumstances, but a discretionary housing payment, which is not permanent, might help until you've finished your battle with dwp.

 

Obviously it's up to you.

[caro]

What size is the box?

 

Is there a radiator, and where is it?

 

Are the measurements wall to wall or skirting board to skirting board?

 

As your son was 9 the room MIGHT have been big enough as under 10's are classed as half a person, so it might have been reasonable for him, but now he's classed as a full person it would be too small, so that's a start to your argument.

 

Can you do a more detailed plan showing window, radiator, plugs and the size of the box please. Also room height, especially where the ceiling slopes.

 

Not sure if this has been mentioned but you can apply for a discretionary housing payment towards the rent. It may help in the short term but you need to get the room reclassified for HB purposes.

[caro]

I will try and do a more detailed plan. My son no longer uses the room it's just used for storage now. The ceiling slope is below the box, the box is covering the sloped ceiling in the hallway.

 

Thanks. Usage alone is unlikely to help but if you can show it has less that 50 sq ft useable floor space for example, or there's no space for a bed unless it's next to a radiator, you may have a shot. Putting in the work on a plan now will be useful if you appeal the BT.

[caro]

Can a single bed fit along the longer side wall or does that block the door from opening and closing so it has to go by the radiator?

[caro]

Was space taken off for the radiator when the room was measured? There have been cases of people getting burns when in bed next to radiators that have got too hot, so there are regs about having beds too close.

 

I would strongly suggest that you start an appeal using form GL24 on the grounds that the room is not a bedroom and should not be counted as one for HB purposes. Read the Nelson case linked above as it is binding at first tier tribunals. Also read the Elephant in the Room article in Nearly Legal and the comments.

 

The appeal will take time so apply for dhp which would help in the meantime if you can get it.

 

Be prepared for a fight but it can be done. Come back for any help you need.

[caro]

Any update speedy?