Bedroom tax and human rights: The UT has a go

I’ve got two Upper Tribunal decisions on bedroom tax appeals, both from Scotland. Both concern human rights related cases. One concerns what sounds like a fairly hopeless and sadly not well argued case based on disability. The other is considerably more significant and concerns article 8 and shared care of children. CSH 374 2014 [decision […]

Bedroom tax and human rights FTT miscellany

No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements. I’ll start with the most comprehensive decision, which while […]

DHP not enough to remedy?

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 G was the tenant, occupying a two bedroom property with his wife, Mrs G. […]

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 for a number of tenants and offers a view […]

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 […]

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. Peabody Trust v Steven Evison (By his litigation friend) […]

‘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… entirely predictable to everyone but the DWP. Some headlines… Social landlord rent […]

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 had been reliant on a wheelchair for the last 14 years. In about 2006, the property had been […]

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 an ex-partner, lives in a three bed property with her 11 […]

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 grandchildren occasionally when they stayed. However, the Tribunal’s […]