Brighton and Hove Council could pay for ‘bedroom tax’ arrears (From The Argus)

I think there is some spin involved in this proposal.

It is already very unlikely that a County Court would grant a Possession Order for arrears of rent where those arrrears are solely down to Housing Benefit 'claw-back', so the quote from Coun Wakefield - " “As Greens, we cannot throw people out on to the streets just because they’re unable to pay it.” is in reality stating the current legal reality that they cannot throw people out/evict people solely because of Housing Benefit clawback. The arrears have to be RENT arrears for the County Court to grant possession to the landlord/council.

Will the Greens find central government being sympathetic to council tax payers who choose to temporarily withhold council tax payments if their council declares funds are to be diverted to unfairly subsidise one group at the expense of others simply to subvert these policy changes?
We shall see.

If your small bedroom is less than 70 sq ft in area ( 9' x 7' is 63 sq ft) it is classed as a boxroom therefore it can't be charged as a bedroom. *Housing Act 1985 Section 326*. If you get demands from the council put your foot down because they wont have any excuse to charge you...

rayellerton wrote:
If your small bedroom is less than 70 sq ft in area ( 9' x 7' is 63 sq ft) it is classed as a boxroom therefore it can't be charged as a bedroom. *Housing Act 1985 Section 326*. If you get demands from the council put your foot down because they wont have any excuse to charge you...

This is 6.5 square metres, the same size as bedroom requirement under new council additional HMO rules too. This is quite a large room - enough for a double bed and then a double bed again and a bit more space.....

I wonder if the council could help tenants move if they can do. There are people with spare rooms, just as there are families with 3 or 4 children trying to live in a 2 bedroom flat. Surely there are some options to help swapping so that the limited stock is best used?

NickBtn wrote:

rayellerton wrote: If your small bedroom is less than 70 sq ft in area ( 9' x 7' is 63 sq ft) it is classed as a boxroom therefore it can't be charged as a bedroom. *Housing Act 1985 Section 326*. If you get demands from the council put your foot down because they wont have any excuse to charge you...

This is 6.5 square metres, the same size as bedroom requirement under new council additional HMO rules too. This is quite a large room - enough for a double bed and then a double bed again and a bit more space..... I wonder if the council could help tenants move if they can do. There are people with spare rooms, just as there are families with 3 or 4 children trying to live in a 2 bedroom flat. Surely there are some options to help swapping so that the limited stock is best used?

I agree, there must be scope to swop some people's housing so that those with more space than they are getting benefits for can downsize while those who are squashed can move to the larger accommodation.

Just using council tax payers money to keep the status quo is not going to get anyone anywhere in the longer run.

Thay Qon U wrote:
I think there is some spin involved in this proposal.

It is already very unlikely that a County Court would grant a Possession Order for arrears of rent where those arrrears are solely down to Housing Benefit 'claw-back', so the quote from Coun Wakefield - " “As Greens, we cannot throw people out on to the streets just because they’re unable to pay it.” is in reality stating the current legal reality that they cannot throw people out/evict people solely because of Housing Benefit clawback. The arrears have to be RENT arrears for the County Court to grant possession to the landlord/council.

Unfortunately, they will indeed be arrears, since someone subjected to this bedroom tax is having their housing benefit reduced by 14% or 25% (depending on how many "extra" rooms they've got) and is liable to pay the rest of the rent.
Very rapidly these arrears will accrue to an amount that is the 8 weeks of rent owing that enable a landlord to seek a possession order.
If the person has no means of paying which is very likely because social security benefits have no slack in them (to say the least), it is likely to be seen as 'reasonable' to evict them by a judge!
Whether this is really 'intentional homelessness' and thus the council would not obligated to help people, remains to be seen I think, but not paying your rent puts you into just that category normally.

Thay Qon U wrote:
I think there is some spin involved in this proposal.

It is already very unlikely that a County Court would grant a Possession Order for arrears of rent where those arrrears are solely down to Housing Benefit 'claw-back', so the quote from Coun Wakefield - " “As Greens, we cannot throw people out on to the streets just because they’re unable to pay it.” is in reality stating the current legal reality that they cannot throw people out/evict people solely because of Housing Benefit clawback. The arrears have to be RENT arrears for the County Court to grant possession to the landlord/council.

Fact that this bedroom tax is part of your rent so the tenants will be in rent arrears i.e. you pay rant for a 4 bedroom house but there are only two of you occupying that house so your rent is reduced duo to you not needing all the rooms therefore you will be in arrears of your rent therefore the council will be able to take you to County Court to evict you

NickBtn wrote:

rayellerton wrote:
If your small bedroom is less than 70 sq ft in area ( 9' x 7' is 63 sq ft) it is classed as a boxroom therefore it can't be charged as a bedroom. *Housing Act 1985 Section 326*. If you get demands from the council put your foot down because they wont have any excuse to charge you...

This is 6.5 square metres, the same size as bedroom requirement under new council additional HMO rules too. This is quite a large room - enough for a double bed and then a double bed again and a bit more space.....

I wonder if the council could help tenants move if they can do. There are people with spare rooms, just as there are families with 3 or 4 children trying to live in a 2 bedroom flat. Surely there are some options to help swapping so that the limited stock is best used?

Funny you should say that my mother of 80years old tried swopping with a family who have a two bedroom flat but the governments rolling is you can only down size to the size or rooms your are deemed in need of i.e. being she is in a 3 bedroom council house and on her own she can’t down size to a two bedroom flat and yet being a council tenant you are protected so as long as she pays her rent they can’t evict her, sill I know but the movement made these rolls to protect the tenants of council homes and yet I’m shore there are many unpopulated privet social housing whereby tenants haven’t down sized to suet there needs

rayellerton wrote:
If your small bedroom is less than 70 sq ft in area ( 9' x 7' is 63 sq ft) it is classed as a boxroom therefore it can't be charged as a bedroom. *Housing Act 1985 Section 326*. If you get demands from the council put your foot down because they wont have any excuse to charge you...

This would have to be tested in the Courts and that's a lengthly and expensive process. It'll probably turn out to be a useless tactic against this injustice.
But yes Ray, all tenants do need to challenge the council's decision on their individual cases, as this may well be a way to defeat this inhumane and unhelpful tax.
For what they can do tenants can see here-
www.speye.wordpress.
com/author/joehalewo
od/

This are two examples of what the Council is currently doing to help people who will be affected by the Bedroom Tax:

Transfer Incentive Scheme

Many under-occupying tenants will qualify for an incentive scheme that prioritises a move via the Homemove scheme. The Scheme is for under-occupying tenants who wish to move to smaller accommodation or who no longer require social housing. Through this Scheme, tenants are eligible to receive an incentive payment following a move. The Transfer Support Scheme is used by our partner RSL tenants who wish to downsize. We have a dedicated officer who regularly makes home visits to advise and support those who need it.

Mutual Exchanges

The housing department offers the option to carry out a mutual exchange with other tenants in social housing. This is being promoted as one of the options to those under-occupying to move to the right size accommodation. The Discretionary Housing Payment scheme has now been extended to cover removal costs, for those tenants needing financial help to move.

Are people aware that the council offers an incentive to those who do choose to downsize? See page 5 here: http://www.homemove.
org.uk/uploads/BRHho
memove.pdf

once window tax now bedroom tax next roof tax i **** ive given cameron an idea ???

rayellerton wrote:
If your small bedroom is less than 70 sq ft in area ( 9' x 7' is 63 sq ft) it is classed as a boxroom therefore it can't be charged as a bedroom. *Housing Act 1985 Section 326*. If you get demands from the council put your foot down because they wont have any excuse to charge you...

That one has already been blown out,

"Do the regulations define a bedroom?

No. The Government’s view is that it is for landlords to specify the size of the property and this ought to match what is on any tenancy agreement and reflect the level of rent charged. The bedroom tax will not take account of whether a room is a single or a double bedroom. A room either is a bedroom or is not a bedroom.

There have been rumours circulating on social media that room under 70 sq ft do not count as a bedroom - but this is not the case. The information seems to be based on a mis-reading of the Housing Act regarding overcrowding.

Cheap tactics by Brighton and Hove City Council’s Green administration to gain votes. Your Council Tax increase has proved that.

Wish they'd stop calling it a bedroon tax, its not a tax at all, just a reform.

wippasnapper wrote:

Thay Qon U wrote:
I think there is some spin involved in this proposal.

It is already very unlikely that a County Court would grant a Possession Order for arrears of rent where those arrrears are solely down to Housing Benefit 'claw-back', so the quote from Coun Wakefield - " “As Greens, we cannot throw people out on to the streets just because they’re unable to pay it.” is in reality stating the current legal reality that they cannot throw people out/evict people solely because of Housing Benefit clawback. The arrears have to be RENT arrears for the County Court to grant possession to the landlord/council.

Fact that this bedroom tax is part of your rent so the tenants will be in rent arrears i.e. you pay rant for a 4 bedroom house but there are only two of you occupying that house so your rent is reduced duo to you not needing all the rooms therefore you will be in arrears of your rent therefore the council will be able to take you to County Court to evict you

Quite so. Any shortfall in paying your rent, whether due to reduced wages or Housing Benefit “clawback,” is regarded by the Court as arrears and will result in an eviction notice being served. That is why hundreds of thousands of people are likely to be “financially cleansed” come April by being driven into low rent areas.

The Council is to be applauded for footing the bill in the difference for tenants in social accommodation, but it should be noted that it is not “Council Bosses” who will ultimately be paying, but the rest of us either through increased Council Tax or cuts in local services.

All this to bail out the bankers – are they really worth it?

How many spare bedrooms has Caroline Lucas got?

Apparently freedom of speech isn't allowed on here someone keeps reporting me cos I speak the truth !!! What is wrong with the word Romanian ???stop being so week and let Britain speak !!!

nocando wrote:
Wish they'd stop calling it a bedroon tax, its not a tax at all, just a reform.

Unless of course they start taxing homeowners for 'spare' rooms which would be just as logical if this was really about underoccupation and housing shortage.

NickBrt wrote:
How many spare bedrooms has Caroline Lucas got?

I wouldn't be at all surprised if she has one.
Most homeowners have one or two in their home at some stage of their lives.
Of course people like Cameron, Iain Duncan Smith and Osborne have dozens between them. Perhaps they'd like to take in some of the homeless as lodgers.

so what the bedroom tax says is that if you want your rent paid by the taxpayer, fair enough (of sorts) but this should be for the size of property you need rather than want.

If you have a spare bedroom luxury then perhaps you should contribute something towards that.

If you pay your rent or own your home and are not dependent on public gift then no change.

Seems a fair enough principle. dont know where all the gratitude has gone...

Leo Littman wrote:
This are two examples of what the Council is currently doing to help people who will be affected by the Bedroom Tax:

Transfer Incentive Scheme

Many under-occupying tenants will qualify for an incentive scheme that prioritises a move via the Homemove scheme. The Scheme is for under-occupying tenants who wish to move to smaller accommodation or who no longer require social housing. Through this Scheme, tenants are eligible to receive an incentive payment following a move. The Transfer Support Scheme is used by our partner RSL tenants who wish to downsize. We have a dedicated officer who regularly makes home visits to advise and support those who need it.

Mutual Exchanges

The housing department offers the option to carry out a mutual exchange with other tenants in social housing. This is being promoted as one of the options to those under-occupying to move to the right size accommodation. The Discretionary Housing Payment scheme has now been extended to cover removal costs, for those tenants needing financial help to move.

The 'Homemove' scheme is also for home seekers.

There is not enough accommodation of the right size to house both groups.