A couple more FTT appeal decisions, also added to the FTT decision page.
Liverpool – room size decision [Decision notice], 52 sq ft too small to be a bedroom, supported by photos. Also notably decides that HHSRS standards apply to social housing as well as HMOs. (This is a bit confused, because of course the HHSRS standards apply. There is no suggestion that HHSRS only applies to HMOs (though they can’t be enforced against Council landlords) There is also no room size standard in the HHSRS via Housing Act 2004, so what is actually meant here is less than clear, despite saying that a room size of 6.5 square meters was necessary to avoid category 1 overcrowding).
Southwark – [Decision notice] Couple unable to share bedroom by reason of disability, argued as Art 14 discrimination.
Joe Halewood also has a decision from another Tribunal (unknown and full decision not provided), which was apparently based on room size (less than 50 sq meters). The decision states that “Nothing in the legislation makes the landlord’s definition definitive“. This is clearly the basis of every single FTT decision that has gone against the tenancy agreement or landlord’s stated number of rooms, but it can’t hurt to have it expressly stated, given DWP guidance.