Nearly Legal: Housing Law News and Comment

Bedroom tax ‘lead case’ in Upper Tribunal?

Some bits on the bedroom tax and room size

First, a new FTT decision from Rochdale (Reasons here ). A room of 64 square feet was too small for a lodger and had not been used as a bedroom since the appellant’s son moved out in 2010. The room was instead used to store the appellant’s belongings, which she could not reasonably store in the loft due to her medical conditions. Also cites Bolton MBC v BF – the UT definition of a bedroom case – to find the room was not a bedroom because not used as such.

Secondly, (and thanks Joe) I have been sent a copy of a letter staying an appeal to the Upper Tribunal, which states that all appeals on the issue of room size and use are stayed pending determination of a ‘lead case’ and any further appeal in that case. This is case CH/153/2014.

Does anyone know this case and whether it is one of the FTT decisions we already know about? I am presuming that the claimant is represented and that this is one reason the case has been chosen. If they aren’t, they need to be, right away!

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