Category Archives: Benefits

All benefit related posts

Child’s rooms and odd rooms

I’ve added a couple of new bedroom tax First Tier Tribunal decisions to the FTT page.

There is a Newcastle decision (Reasons here. Known as the Isos decision after the landlord who supported the appeal) which is a separated family decision. The appellant’s son stayed some 4 nights a week with him, but the mother was the one in receipt of child benefit. The Tribunal decided, despite the Council pointing out that the guidance they had received was that only the parent with child benefit should be the one not to face the bedroom tax, that the bedroom was clearly the son’s bedroom and that the appellant’s … Read the full post

Also posted in assured-tenancy, FLW case note, Housing law - All, secure-tenancy | | Tagged | 7 Comments

Room use and Uratemp

A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument. The decision notice is here (HT Speyejoe).

The appellant had moved into the ’3 bedroom’ property on marriage. He and his wife had lived there. A second room was used as a bedroom for her daughters when they stayed over. the third room, 7’8″ by 9’5″, was always considered too small to be a bedroom and used as a storeroom. On the death of his wife, the appellant moved the bed out of the second room. he then later used it as a gym, following developing disability issues. It occasionally … Read the full post

Also posted in assured-tenancy, FLW case note, Housing law - All, secure-tenancy | | Tagged | 8 Comments

Bedroom tax notes, only just out of date.

I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA & Ors and the benefit cap judgment in SG & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors [2014] EWCA Civ 156. Then I tried to cover the 1996 exemption and what was happening in the First Tier Tribunals and Upper Tribunal.

As an overview of what has happened and where we are on the bedroom tax in the tribunals, I thought the notes might … Read the full post

Also posted in assured-tenancy, FLW article, Housing law - All, secure-tenancy | | Tagged | 1 Comment

March miscellany

A couple of bits and pieces.

The DWP has issued a circular in the wake of the Court of Appeal judgment in MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2014] EWCA Civ 13 (Our report coming soon, honest).  The Circular, U2/2014, contains what is effectively an admission that it is only the increased DHP funding that is keeping the bedroom tax from being unjustified discrimination:

The Court of Appeal also noted that the DHP scheme was different from the one considered by the Court in Burnip as the fund had been increased, the guidance had been altered and the Secretary of

Read the full post

Also posted in Assured Shorthold tenancy, assured-tenancy, Housing law - All, secure-tenancy | | Tagged , | Leave a comment

Bedrooms and a family home

A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds. The decision statement is here (and also on the FTT decisions page)

The Applicant was separated from his partner in 2006, when their daughter was seven. He then lived in a one bed flat for two years before securing his current two bed property. Relations were amicable and a usual pattern of shared parenting was established with the daughter staying with the applicant and sleep at the property at weekends and over school holidays. This was the applicant’s primary purpose in seeking a two bed flat originally, … Read the full post

Also posted in assured-tenancy, FLW case note, Housing law - All, secure-tenancy | | Tagged | 13 Comments

On folding beds and sleeping bags

A new bedroom tax First Tier Tribunal decision from Monmouthshire raises some issues on the FTTs’ approach to room use. The decision notice with summary reasons is here (and also on the FTT decisions page).

The Claimant lived in the property with his wife and adult son. The property was classed as a 4 bedroom property by the landlord and a 25% bedroom tax deduction levied. The tenancy agreement stated the property was suitable for 6 people.

Two of the rooms were below 70 sq ft. These rooms were argued to be ‘box rooms’, one used as office for a computer and storage, the other used as a room … Read the full post

Also posted in assured-tenancy, FLW case note, Housing law - All, secure-tenancy | | Tagged | 25 Comments
css.php