Bedroom tax news

The Liberty backed Judicial Review of the bedroom tax on grounds of Art 8 discrimination against separated families has been given permission. There have been a few FTT decisions on this ground (see the FTT decisions page), so the JR will be quite decisive.

The CPAG/Rutherford Judicial Review, on disabled children needing overnight care, is down for hearing on 14 May 2014

A Statement of Reasons for a Camden FTT that we have already noted has been received [Statement of reasons here] It seems to base the decision as to whether a room is a bedroom on the physical characteristics of the rooms, including the state of repair (although the lack of natural light might be more decisive), but rejects an argument that having to move away from a support network would be discriminatory under Article 14 (disability). The Statement of Reasons has been added to the FTT page.

About Giles Peaker

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, and still is Nearly Legal on Google +.
Posted in assured-tenancy, Benefits, Housing law - All, secure-tenancy and tagged .

5 Comments

  1. The “bedroom tax” can only be cooked-up by a millionaire led government; by those who don’t know the true meaning of benefits. No-one else could even make it up. Roll-on 2015, can’t come soon enough.

  2. I am classed as under occupation and paying the spare room subsidy due to my adult son leaving home. His old bedroom/box room is under 70sq ft so if I took in a lodger I would be classed as LEGALLY OVER OCCUPIED. The 1985 Housing Act states a room of that size is only suitable for someone under 10 years of age to use as a bedroom.
    My brain simply keeps telling me this “does not make sence”. But what can I do?

    • If the benefit authority will not change its decision, you will have to appeal to the first tier tribunal. You will find a number of successful appeals on room size here.

    • Have a look at your local council website, it should have information and forms for appealing Housing Benefit decisions to the First Tier Tribunal.

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