Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Filter by Categories
Allocation
ASB
Assured Shorthold tenancy
assured-tenancy
Benefits and care
Deposits
Disrepair
Homeless
Housing Conditions
Housing law - All
Introductory and Demoted tenancies
Leasehold and shared ownership
Licences and occupiers
Mortgage possession
Nuisance
Possession
Regulation and planning
right-to-buy
secure-tenancy
Succession
Trusts and Estoppel
Unlawful eviction and harassment
22/01/2014

It’s the way that you use it.

I’ve just received a new First Tier Tribunal bedroom tax decision from Rochdale. This one is interesting because it is the first that I have seen based solely on the tenant’s use of the disputed room. The statement of reasons is here (and now on the FTT decisions page).

In short the tenant had what was classed by the landlord as a two bedroom property. He argued that one of these ‘bedrooms’ was used as a dining room, because the kitchen was part of the living room and there was no room to have a dining table in the living room. The room had never been used as a bedroom by the tenant and he had been looking for a one bed flat when allocated this property. Held “landlords cannot arbitrarily reclassify room use” and was never used as bedroom, despite tenant having signed description of property as 2 bed, with tenancy agreement and in HB application.

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

0 Comments

Leave a Reply (We can't offer advice on individual issues)

This site uses Akismet to reduce spam. Learn how your comment data is processed.