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Found 59 results

  1. Hi all, I was told that this site may be able to help. We currently Rent via a letting agent who to be honest isn’t the best. Neither is the landlord of the property after we had a lot of bodged jobs doing we have had to rectify a number of things ourselves. Example of this was the toilet cistern been replaced which then leaked from the restrictor valve which was fitted. They came back and bodged it again the valve still leaked, finally The guy listen to what we said about the leak and found it . The carpeted bathroom (terrible idea carpeting in bathroom) was saturated and started to smell as a result. So when we noticed after a couple of weeks that the carpet still hadn’t dried out properly we then found that the flush pipe that went into the back of the toilet wasn’t fitted properly either. So again the same guy who did it all came out fixed it or so we thought. Again the carpet failed to dry and then we noticed it was coming out from the bottom of the cistern, the guy had forgot to put a washer back between the Cap That screws the flush pipe in place. In the end did it myself no problems. fast forward various other things going wrong being fobbed off as by letting agents. It’s led me to question the room size of a third bedroom. Currently we have two children boy and a girl aged six and four. My son is horrible to his sister and frequently makes her cry . He’s recently had a diagnosis of ADHD and now medicated, so ideally would like to put in his own room. We have lived in the property five years and never used the third bedroom except for junk. We came to fit a bed in there and nothing else will fit. Not even a chest of drawers. Have we been mis-sold a three bedroom house when in fact it’s only two what is the minimum area to be classed as a bedroom. Because just the bed isn’t very practical. The bedroom ones was a lot larger however it looks like the bathroom has been moved from downstairs, upstairs and cut this room and half to accommodate it. I keep googling and seen HMO been 70 ft.² but didn’t know if Applied to residential places as well. Wondered if people can help and advise me Thanks
  2. I am currently appealing the bedroom tax (finally through DWP) having been given incorrect information from local council. I wonder if someone might know where I can get some details from as the Housing Act 1985 section 326 (6) states; " A certificate of the local housing authority stating the number and floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it."? I have approached the planning department to ascertain when the house was built to try to access architect drawings but they are no longer available, apparently. If I approach the council the average response is poor because they do not know what I am talking about, and if I draw their attention to what it is for, I highly suspect I will get stone-walled to prevent assistance with my tribunal. I have measured the room in question skirting to skirting, and have invited them to visit the property to inspect for themselves, but this has been declined as has a mandatory reconsideration via DWP, thus the tribunal appeal is the next stage. Are there any other options available to gain official diagrams/dimensions to support my appeal? Thanks in advance
  3. I have recently fallen into the trap of Bedroom Tax. I had been working full time and I am now in between positions and in receipt of UC. I researched the process with the help of relevant threads on here and have submitted a letter appealing the bedroom tax for one room as it does not meet the Housing Act criteria. Within my letter I attached a diagram providing room measurements and submitted this via recorded delivery post, received and signed for. I hadn't received a reply and was discussing another matter with the council and they said they would chase the person concerned and get a response. They said in no uncertqin terms that as we had signed and accepted the property as a three bedroom house, they were not reducing the tax. Now, my thoughts are that as we had moved into this house 8 years prior to the introduction of the bedroom tax, surely this isn't sufficient and I should challenge their response? Am I correct in thinking that the housing officer's decision does not meet the Housing Act provisions and therefore I have grounds to appeal this further? Thanks in advance. Shelley
  4. purchased a new phone from car phone warehouse 3 weeks ago. paid cash for the product. last tuesday the charger burst into flames . no one was present in the house so no injuries occured . bedroom suffered smoke damage to the walls celings also most items in the room not recoverable. bedroom unable to be used. i have not claimed on my insurance due to the fact i have no contents only buildings the bit i have to pay is about £1400 of the claim i can imagine the cost of cleaning and redecoration and replacement of the carpet will be about £2k. beds and wardrobes and tv not covered on buildings insurance i will add a fire investigation has confirmed the cause of the fire was the phone charger. carphone warehouse showed no real interest trying to resolve this matter with microsoft who own nokia. problem i face who do i claim against how long should i wait before i clear the room out what does my claim come under the law that covers this mess. i have three people in 1 bedroom so this can no longer continue so must move this along perhaps help advice guidence would help please
  5. I am enquiring on behalf of family members. We have just been told by them that they are paying £50 per month bedroom tax. They are private home owners, mortgage free but in receipt of disability benefit, both are registered disabled and they are exempt from paying council tax due to being disabled. Is it correct that they are being charged a monthly bedroom tax?
  6. Could someone please tell me if i should still take my appeal to the Courts & Tribunal Service. I have finally received a response from the Council and they state "Your housing provider has determined your property has three bedrooms and the room was designed to be used as a third bedroom. They also quote a Upper Tribunal Decision SSWP v David Nelson (and James Nelson) and Fife Council (2014) UKUT 0525 (AAC). They have measured the room and said it as 51.1 square feet of usabale floor space. Thanks
  7. Credit is given to mikeymack2002 for this find. https://tinyurl.com/z2nc5vq http://www.consumeractiongroup.co.uk/forum/showthread.php?393992-Bedroom-Tax-Sources-of-Interest-**Correct-as-at-Oct-2015**&p=4851541&viewfull=1#post4851541
  8. Valuation Office Agency – Rent Officers Handbook (Note: This is used throughout the UK not just England and Wales) Rent officers Handbook – ROOMS http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/Other/Procedures/r-roh-rooms.html Rent Officers Handbook – SIZE CRITERIA http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/HousingBenefitReferral/Determination/s-roh-size-criteria.html Court of Appeal Decision England and Wales – Burnip vs Birmingham City Council http://www.bailii.org/ew/cases/EWCA/Civ/2012/629.html Public Sector Equality Duty Government https://www.gov.uk/equality-act-2010-guidance#public-sector-equality-duty http://odi.dwp.gov.uk/disabled-people-and-legislation/disability-equality-duty-and-impact-assessments.php Equality and Human Rights Commission http://www.equalityhumanrights.com/news/2013/january/commission-publishes-guidance-on-the-public-sector-equality-duty/ Equality Act 2010 http://www.legislation.gov.uk/ukpga/2010/15/contents https://www.gov.uk/equality-act-2010-guidance The United Nations Convention on the Rights of Persons with Disabilities http://odi.dwp.gov.uk/disabled-people-and-legislation/un-convention-on-the-rights-of-disabled-people.php European Convention on Human Rights –Specifically Article 8 and Article 14 (Note –You need to download the booklet containing the Articles is in PDF Format) http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/The+Convention+and+additional+protocols/The+European+Convention+on+Human+Rights/ Department for Work and Pensions (Note –The following Link contains sources for, HB/CTB Guidance Manual, HB/CTBOverpayments Guide, Debt Management Offices by Postcode, Discretionary HousingPayments, ESA Operational Guide, Local Housing Allowance Guidance Manual). http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/operational-manuals/ Inside Housing – Knowsley HousingTrust Reclassifies Properties Article http://www.insidehousing.co.uk/tenancies/tenants-avoid-bedroom-tax-after-knowsley-reclassifies-homes/6525752.article National Housing Federation Article –Bedroom Tax Some Home Truths http://www.housing.org.uk/media/news/bedroom_tax_home_truths.aspx National Housing Federation (NHF) –Bedroom Tax New Impact Assessment http://www.housing.org.uk/policy/welfare_reform/welfare_reform_news/bedroom_tax_-_new_impact_asses.aspx Scottish Federation of Housing Associations – What are the latest updates for March 2013 Article http://www.sfha.co.uk/sfha/welfare-reform-latest-updates/what-are-the-latest-updates-for-march-2013/menu-id-326.html Govan Law Centre Bedroom Tax Blog http://govanlc.blogspot.co.uk/ Liberty – Promotes Human Rights Article on seeking a Judicial Review on Bedroom Tax http://www.liberty-human-rights.org.uk/media/press/2013/liberty-bedroom-tax-breaches-right-to-family-life.php Shelter England Only http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_local_housing_allowance/housing_benefit_changes_2013 Scotland Only http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/housing_and_council_tax_benefit/changes_to_housing_benefit_for_council_and_housing_association_tenants
  9. I wonder if anyone from Renfrewshire is having the same problem. I have been waiting 7 months for my DHP application (to pay the bedroom tax) to be processed. I have contacted the office a few times by email and get the same response "we are dealing with many of these forms and your claim will be reviewed". I have also sent in a new claim for DHP starting this april 2015 and have still heard nothing. I successfully got DHP twice before but since the SNP announced they will be fully mitigating the bedroom tax everything seems to be at a standstill.
  10. Those of you that are carers may find the following link of interest. This is a bill called the "Carers Bedroom Entitlement (Social Housing Sector) Bill (HC Bill 95)" It can be found here see link below, it has NOT been passed as of yet but this is for informational purposes only, so you will have an advance warning that it could become law soon... Or see myt attachment.. http://www.publications.parliament.uk/pa/bills/cbill/2014-2015/0095/cbill_2014-20150095_en_1.htm "Provide that people in receipt of Universal Credit and Housing Benefit and accommodated in the social housing sector be entitled to an additional bedroom related to caring responsibilities or overnight care; and for connected purposes."
  11. My son joined The Royal Navy at the end of 2013. I am in receipt of housing benefit and have been taken to have a spare bedroom. After researching various sites they tell me I should be exempt from the bedroom tax because I have a son involved in operations in the forces and he will eventually return home. First, refusal was because my son wasn`t on a ship, now he is on a ship they tell me he is still classed as living at home. If this is the case, what criteria do people in the forces have to satisfy? I was even told that his income would be taken in to concideration and that would cancel the amount of housing benefit I would receive.
  12. Full story : - http://www.theguardian.com/society/2014/nov/18/panic-room-woman-challenges-bedroom-tax
  13. i stopped paying the bedroom tax over 3 months ago as i cant afford to pay it out of my £72 a week .if labor or ukip win the next ellection and the tax is scrapped.will i still have to pay the arrears.
  14. Can anyone help please? I am a long term member of the CAG. I bought a "overbed" wardrobe fitment from Argos last December consisting of two upright cupboards with a bridging double unit in the middle . It was not cheap and I thought it would last a long time. It was assembled in March this year (decorating etc) as per the instructions and at the time we thought that the design was a bit odd as the bridging is attached to the two uprights with two brackets and screws. It has not been overloaded and was perfectly straight when completed. However over the past few months the middle has sagged and now the doors won't hang straight due to this and it looks awful. I contacted Argos who said it has now been discontinued and they said they could try and get spare parts or offered a similar replacement. However there is no similar replacement!! We have also had bedroom carpets fitted etc. so taking it out is not ideal. I asked if they were willing to offer compensation and they offered me £50 (it cost £450 down to £350 in special event). I was not happy with this and they have now offered me £80 in "full and final settlement". I am in a quandary as to what my rights are - I paid with a debit card many thanks
  15. A housing association has sent letters to over 600 of its tenants who have been identified as potentially having grounds to appeal against the government's controversial bedroom tax. Read More Here: http://www.24dash.com/news/housing/2014-09-25-Bedroom-tax-campaign-heats-up-as-600-tenants-face-appeal Just hope its successful and more HA do this.
  16. A housing association has sent letters to over 600 of its tenants who have been identified as potentially having grounds to appeal against the government's controversial bedroom tax. Read More Here: http://www.24dash.com/news/housing/2014-09-25-Bedroom-tax-campaign-heats-up-as-600-tenants-face-appeal Just hope this is successful and that more HA get onboard. You could consider writing to your own HA and pointing to the above link and asking if they are going to do the same.
  17. Hi all, I have recently written to my local council after having to go back onto ESA through illness and being Sacked at work due to absence relating to illness. Anyway, they assessed my award and said I am under occupying my property by one bedroom ! My property is classed as a Three Bedroom mid terrace property. I wrote to the benefits section on 04/12/13 and they have replied stating that I should take it up with housing to reclassify the property if I do not feel it has 3 bedrooms. Now, I do not technically dispute the property having three bedrooms. What I do dispute is that my children should be forced to share either of the rooms (in order to take in a lodger, even tho my Local authority do not allow this). The make up of my household is this - Two children aged, 8 & 10. Both Girls. Myself (Dad) Partner (Step mum) Now, the two childrens bedrooms are 64.5sq feet and 99.6 sq feet in size. Under the Space standards act the larger room can accommodate 1.5 units and the smaller of the two only .5 units. Both my children count as 1 unit under the revised act as they are both over 5 years old. So unless Ive missed something and I can cut one in half to spread them equally it just Can NOT be done ! Now, according to the Local Authority benefits department, The Space standards act does not apply to benefits ??? Even tho looking at the case http://speye.wordpress.com/2013/09/13/judge-rules-housing-act-overcrowding-size-issues-apply-to-the-bedroom-tax/ that went to tribunal states it DOES ! After speaking to my council today on the phone they are just going to play ping pong with me between housing and benefits departments. What do I do now ? Do I appeal again or go to tribunal and if so do I have a case based on my position ? The letter I wrote is quoted below. This is a link to the actual decision which is attached to the article - http://speye.wordpress.com/2013/09/06/significant-bedroom-tax-tribunal-result-landlord-3-bed-tribunal-1-bed-appeal-appeal-appeal/
  18. http://nearlylegal.co.uk/blog/wp-content/uploads/2014/09/bedtaxnotesSept14.pdf
  19. http://nearlylegal.co.uk/blog/2014/09/affordable-homes-bill-bedroom-tax/ Explanation of a bill that may change the regs regarding bedroom tax if it is approved.
  20. I have been advised that i must now pay the bedroom tax because may daughter who is a student lives off campus. I cant help but feel that this is totally unfair. To tell one student your parents can keep a room at home for you because you live on campus. Then tell another student your parents cant keep a room available for you because you live off campus is totally unfair. surely a student is a student no matter where they live.
  21. First tier tribunal rules in favour of man claiming second bedroom for 15 year old daughter coming to stay with him. The focus of his appeal was the right to family life, in other words that the Housing Benefit Regulations had to be read subject to the appellants right to a family life contained in the European Convention on Human Rights, enacted into domestic law by the Human Rights Act 1998. http://speye.wordpress.com/2014/02/1...an-appeal-win/ Chipping away, bit by bit. How long before this disgusting tax is dead in the water?
  22. The bedroom tax is dead. I’ll repeat that in case your eyes deceive you reader, the bedroom tax is dead! There was a hugely significant appeal win in South Wales I discussed and posted about earlier and I called the bedroom tax a lesser spotted Dodo. My apologies reader the bedroom tax is ‘deader’ than that upon reading the actual judgment! http://speye.wordpress.com/2014/02/0...ead-heres-why/ In a nutshell, a first tier tribunal in Bolton has ruled that a bedroom can only defined as such if it's used or furnished as a bedroom, a spare room used as a study or art room are not bedrooms irrespective of size. The implications for LA's if everyone effected appeals is that they will have to inspect every property to ascertain the amount of actual bedrooms there are, rather than relying on info supplied by landlords or tenancy agreements, something LA's have not got the resources to do. It will be interesting to see how HM Gov react to this.
  23. Hi everyone, I will try to keep this short as its quite lengthy. I live alone in a 3 bed Wakefield District Housing house,they bought all the housing stock form the local authority. When the Bedroom Tax came into force i was out of work & was hit by it for 2 bedrooms,but ive since re-trained and found employment so im now paying full rent & council tax. Back then i was told by WDH to put this house on the 'Homeswappers' website in order to downsize or get a lodger,so i put the house on the website. 10 months later ive managed to find a family who want to swap to my 3 bed house. They live in a 2 bed WDH terrace house,my daughter & grand daughter live next door,my work is 1 minutes walk away,my brother & his family live on the same street,so it would not only be ideal for me but it would be perfect. I actually listed 30 reasons why the exchange should be allowed. They gave me ONE reason why theyve disallowed it..'Lettings Strategy'.... Here is the pdf. https://www.wdhomesearch.co.uk/downloads/West%20LLS%202013.pdf The young family have a toddler,they work & pay full rent & want my 3 bed house,theyve said they would like a sibling for their little boy. Basically i either accept a tiny 1 bed flat or i will have to stay here or give up my secure tenancy to private rent a 2 bed house which will be £20 PW more expensive,app £105 PW. My rent is £97 PW & the house id like to swap with is £85 PW,thats a big saving when i only earn £200 PW. They never said i had to look for a 1 bed property 10 months ago so ive wasted all this time & effort. Where in the law does it say i can't have a spare room? If anyone out there could shed some light on this i would really appreciate it. Ive written to my Councillor & they have written to WDH but they say they can't actually reverse or force a decision. Thanks...
  24. http://speye.wordpress.com/2013/12/21/every-bedroom-tax-hb-decision-unlawful-yes-the-proof-is-here/
  25. Hi Caggers Just after your thoughts on this after a very long discussion with a disabled veteran and the issues he is experiencing due to this: Disabled Veteran is in social housing and at his persent property has two bedroom but only veteran living in property. Now the sticking point: Previously the Disabled Veteran was placed in a High rise some floors up in a one bedroom. ( not the housings fault at all as it was the only property that at that time was available and sort of suitable but housing adapted) His condition got worse was under the hospital consultant that stated in letter to housing at that time that veteran needed to be moved for medical reason due to his condition to a ground floor property that must have a minimum of 2 bedroom as the extra bedroom was required for the veterans physiotherapy equipment and in case a friend/relative/carer needed to stay over. Veteran went through the housing medical process with letters from consultant and was moved to his present property which is ground floor and 2 bedrooms and has been there for a few years now. Now due to these stupid welfare reform he has recently recieved documentation from the local authority as per the housing benefit changes due to bedroom tax stating as he is in 2 bedroom and only entitled to one bedroom his benefit would now be reduced by 14% from April 2013. I was absolutetly disgusted at this as the veteran was moved for medical reasons to the property he is presently in and also it was not through him putting in a transfer request but medical reasons. Now the big problem not one welfare officer/CAB/Free Legal Aid Centres could give him any advice why as there is not one piece of advice anywhere not even on the Service Personel and Veteran Agencies website on how these changes will impact veterans and I am horrified at this. If you look at the Veterans Agency website there is no information so how are veterans meant to prepare and those veterans that arent capable of doing this themselves meant to be able to prepare with absolutely no information of how there entitlement/allowances/pensions may be affected Now the veteran has a copy of the letters from his consultant stating about the move for medical reason and has also asked the housing who are happy to provide to confirm that he was moved for medical reason but he think when he sends these in in wont make a difference and that is also my concern that the local authority will stick by it original letter. Any advice from you fellow cagger would be gratefully appreciated on how to approach this THANKS
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