Bedroom tax – a right right to family life as parents and daughter both win appeals

I have a huge smile to my face as a tenant informs me he has won his appeal just as his daughter did a few weeks earlier.  Yes bedroom tax wins for the parents and for their daughter will sure make this Essex family a happy one!

in both cases there is not a full statement of reasons but in simple terms the daughter won by saying the alleged spare bedroom was a study and so she is taken out of the bedroom tax altogether.

The father saw the bedroom tax reduced from 25% to 14% as one of the alleged bedrooms was not big enough to be a bedroom the Tribunal ruled.

So a room usage win for the daughter and a room size win for mum and dad.

However the key issue here is what the dad said in his email to me about 20 minutes ago: –

Hi Joe
I sent you a copy of my daughters tribunal win on the 28/03/14
I can now send you a copy of my own decision 01/04/14
Many thanks Joe I couldn’t have done this without your blog
From the very beginning when you said don’t moan about it get off your arse and do something about it

Stop moaning about how bad the bedroom tax is and get off your arse and appeal.

We can all imagine how happy the two households of the same family are and that really does bring a smile to my face and to anyone else’s face.

Stop moaning about how bad the bedroom tax is and get off your arse and appeal.

Am I being too subliminal reader!!  Oh ok here’s some advice for you

Stop moaning about how bad the bedroom tax is and get off your arse and appeal.

Just in case you didn’t get that

Stop moaning about how bad the bedroom tax is and get off your arse and appeal.

PS – Here’s how to do that in the simplest terms call it a bedroom tax appeal for dummies of call it a bedroom tax appeal strategy for moaners or whatever you like.  Yet it works and that is the key thing so just in case you haven’t got the point of this….Stop moaning about how bad the bedroom tax is and get off your arse and appeal.

 

 

 

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29 thoughts on “Bedroom tax – a right right to family life as parents and daughter both win appeals

    1. Hi,
      I’m trying to do that right now. I have a 4 bed property which my family grew up in, my youngest son and his wife and my only grandchild only left last November. My spares rooms are not spare they are all used. Do you think I will have much of a chance of success against my local council?

      1. Hi Pennie, I would still go ahead and appeal their ‘bedroom-tax’ decision. Is there not an advice centre set-up for people affected by the ‘bedroom-tax’, near you, to get more advice?

      2. Hi, Patrick
        No this is no specific help from anyone in Ashford Kent, have a citizens advice bureau, but really found them no help at all.
        Went to see them last week and the young woman i saw was a benefits advisor, she has never dealt with any thing related to this in any way.

  1. Thanks to this Site its given us the strength to take it to FTT as the so called spare room we are supposed to have is not a spare room it was given to us to be used due to a medical move. Not only that it is below 50 SQ ft THANKS!

  2. Now we need more and more people to “stop moaning about how bad the bedroom tax is and get off your arse and appeal.”
    The best and simplest of advice.

  3. Reblogged this on Jay's Journal and commented:
    Joe has done all of the work, if you go to his blog you will find the outline of letters to send – it’s really that simple.
    Now stop moaning and get of your arse and appeal.

  4. Thanks everyone, just to let you know I also receive a dhp for my second room for medical reasons as my wife and I cannot share a room
    So lets say it again! STOP MOANING ABOUT IT AND GET OFF YOUR ARSES AND APPEAL Its easier now than its ever been.

  5. hallo , i appealed against my housing benefit decision 4 weeks ago, as soon as we got the decision, i know the council got my letter as i took it there by hand and have spoken on the phone to the head of housing who confirmed they got it. I have had no response in writing at all as yet, could you tell me if the council has to respond in a certain time limit?

  6. Just got mine in too after you told me Joe that the appeal didn’t depend on how my housing association had designated the bedroom (which is what the council said to fob me off).

    These two positive appeals give even more strength to your own case.

    ‘I got off my arse and appealed’: might have a t shirt made with that on!

  7. i handed my letter into WBC, asking them to review their decision, a cut in my HB of 25% from April 2014-April 2015, i stated that, Should the review not be successful I wish to appeal against that decision, i am appealing on 2 reasons, room usage & room size.

    Clare i was also fobbed of today by the council advisor who told me that they classify my home as a 3 bedroom because my landlord tells them so, no way was i going to be stopped from appealing.

    1. @ pat – remember, your formal appeal has to be received by them within a month of the original decision and not 13 months as we don’t have a valid reason to make a late appeal this time ie changes according to upper tribunal outcomes etc. I have skipped the “asking them to review the decision” letter for this year’s decision as it doesn’t say you have to do that first before making a formal appeal. I phoned them late yesterday to ask for an appeal form as Argyll & Bute seems to have its own tailor-made appeal form which covers both housing benefit and council tax benefit decision appeals. Like you, I will be appealing on grounds of room use and room size, and they still haven’t got back to me about the result of my formal appeal which I made about 3 weeks ago for last year’s decision as it is still “being processed”. I photocopied the Appeal Form so that I could put in the same reasons, basically a rephrasing of Joe’s letter and added his 3 “crock” reasons as stated in his previous post but stating 3 arguments to be INVALID instead of “a crock”.

      1. @ pat – I have just realised that we still have a valid reason for a late appeal since the councils are continuing to ignore upper tribunals decisions when they are making housing benefit decisions, but I’m skipping the “please review decision” letter anyway as they would just give me the same “decision is correct, take it up with your landlord” rubbish that they gave in reply to my letter to them re last year’s decision.

      2. nosparerooms i appealed last year on room size, was not able to attend the tribunal though, as i was in hospital having a pancreatic tumor removed, i then developed sepiceamia and spent 7 weeks in hospital alltogether. I contacted my local bedroom tax group who advised me to contact the court who held my hearing and asked them to give me a explanation as how they had come to their decision. I explained that i had been in hospital, gave them all the medical evidence, but they refused, they said i was out of the 30 day deadline.

    2. @ pat – words fail me. I can’t believe they didn’t take your abundant medical evidence into account for failing to attend the tribunal to support your case. Perhaps you should not wait for the answer to your “request to review decision” letter either, and just get your formal appeal in, in case they become even more sticky on late appeals than they seem to be already. The government, its councils and its courts have become the persecutors of the sick, the disabled and the unemployed.

  8. It’s crucial, you state a part of your APPEAL, that you are prepared to go to Tribunal, if they don’t exempt you…. You can Appeal, as well as claim DHP. As, it’s far better to get an exemption, rather than having to keep on applying for a DHP, as you may not get it again. .. You can use form GL24 for your appeal

    1. Debbie, the 01/04/2014 decision was merely a decision notice and not a statement of reasons and merely said “The Tribunal found that the third room was too small to be considered a bedroom and found therefore that the property was in effect a 2 bedroom property for the purpose of Housing Benefit.” Some decisions don’t give a statement of reasons like this case in Essex

      Also please note that I am not a member of Reclaim as you said in your last post

  9. I have just submitted my GL24 directly to the Tribunal Clerk for the 2014 decision. The Council sneakily dated their ‘decision letter’ 3rd March 2014, and stated that you have one month from date off letter to appeal. However, i only received the letter on 26th March! This should be grounds for a late’ appeal if the appeal has not reached Tribunal office ‘on time..

    1. @jonscone, My 2014 HB decision letter was also dated 4th March, it said on the back of the letter, that i had up to the 22nd April to appeal.

      1. Hi Pat. My Council is Leeds. Yours does seem to be more reasonable! Last year my appeal was still allowed though it was ‘late’, and no mention was made by either Council or Tribunal, of the ‘lateness’.

  10. I am also considering challenging the recent rent increase from local Council who own the social housing. Both rent and Council Tax have increased above inflatiion this year! What are the chances of such a challenge being successful?

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