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...
Bedroom tax notes, only just out of date.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...
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...
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...
Upper Tribunal on bedrooms
There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of 'bedroom'. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though...
Bedroom tax decisions update
There are two new First Tier Tribunal bedroom tax appeal decisions on the FTT decisions page, at the bottom. One from Liverpool and one from Edinburgh. Both are Article 14 discrimination based, with disabilities meaning a bedroom could not be shared, one...
Trust No-one
The DWP issued a bedroom tax related circular on 30 October 2013. HB U7/2013. The full text is below. Removal of the spare room subsidy – First tier Tribunal decisions Background 1. Generally local authorities (LAs) initiate appeals to the Upper Tribunal...
The (absence of) reasons in Redcar
You may well have seen or heard press stories on a First Tier tribunal bedroom tax appeal decision in Redcar and Cleveland. There has been a lot of excitable comment about it representing a 'landmark appeal' and 'hope for 440,000 disabled'. Even the tenant's...
Bedroom Tax appeals at FTT
[Update - Upper Tribunal bedroom tax appeal decisions, binding on FTTs, can be found here. New posts as they come in.] As decisions by the First Tier Tribunal on bedroom tax appeals seem to be coming in thick and fast, I'll try to keep a list here. Where...
Of bedrooms that aren’t
Here is a First Tier Tribunal decision on a bedroom tax appeal that overturns the landlord's assertions on bedroom numbers. It is a Scottish case, but nothing turns on that. I'm grateful to Joe Halewood for bringing this to light (though we differ on its...