We've received an interesting First Tier Tribunal (so not binding) appeal decision from Wakefield, thanks to Kirklees Law Centre. A copy of the statement of reasons is here (not anonymised as the appellants consented to it being used largely unredacted). Mr...
Help me make it through the night
We have the first (to the best of my knowledge) Upper Tribunal decision on a bedroom tax appeal, and therefore one binding on First Tier Tribunals. While it is not on one of the large scale issues, such as room size, it is nonetheless potentially important...
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...
The point of having policies….
A post on a County Court case, one well worth looking at for the application of public law principles, the Equality Act and reasonableness. I'm working from a note of judgment, so any quotes should be taken as being from a note, rather than a transcript....
‘We told you so’ corner
The DWP has very belatedly issued the interim review of the bedroom tax (under occupation penalty, removal of the spare room subsidy, whatever). The document can be found here, based on a survey for the period to April/Nov 2013. And the results are......
Privacy, lifts and bedrooms
An interesting First Tier Tribunal decision from Sunderland (Statement of Reasons). The claimants/appellants were joint tenants of what had been a three bedroom property. One of the joint tenants suffers from severe and degenerating muscular dystrophy, and...
Domestic violence and the bedroom tax
A judicial review of the bedroom tax has been given permission, where the claimant is a victim of domestic violence who has received support to remain in her home through a 'sanctuary scheme'. The woman, a victim of rape, assault, harassment and stalking by...
Bedrooms: Living, moving and relaxing
A couple of new bedroom tax FTT decisions (also on the FTT decisions page) The first, from Liverpool [reasons here], is a fairly standard room size decision on a room measuring 44 square feet. However the room had a bunk bed in it, used by the tenant's...
The state of that bedroom
This is a rather unusual bedroom tax First Tier Tribunal decision from Islington. (Decision notice. Also on the FTT decisions page.) There was one additional room, classed as a bedroom by the landlord, Islington Council. The tenant appealed on the basis that...
Formerly known as.
Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals. The detailed statement of reasons is here (and on the FTT decisions page). The appellant is the tenant of what was...
Götterdämmerung
Well, featuring fire and flood at least. As we've noted before, the '1996 exemption' to the bedroom tax only applied if one was in the same property or if: the dwelling so occupied was not the same by reason only that the change was caused by a fire, flood,...
An obligatory discretion?
Rutherford & Ors v Secretary of State for Work And Pensions [2014] EWHC 1613 (Admin) This was the judicial review, supported by CPAG, of the failure of the bedroom tax regulations to address the position of tenants where a bedroom was needed for...