Has your council ever said to you we cant change the bedroom tax decision? Many have and they are all wrong because your councils HB department IS the decision maker. Thankfully it appears the message is finally getting through to councils
In March I drafted yet another standard template letter citing the relevant and latest Upper Tribunal decisions said that when (and only when) you dispute the decision your council as the decision maker has to take into consideration all the relevant facts of your individual case (Nelson) and to do that when you dispute in terms of overall size or dimension or layout then your council has to come out to inspect.
Councils try to avoid this as it costs them – that is the simple rub. Yet the law, which is what the Upper Tribunal makes, says as clear as day that they do have to consider ALL your relevant and individual circumstances which means they have to view the disputed room and therefore go to that cost of visiting your property and assessing your disputed room(s).
WHEN, and not if, they come out to inspect, and you council as the decision maker finds that the disputed room does not conform to the UT decision in CH/3415 of 2015 which said for a room to be a bedroom for bedroom tax purposes it …
“…should be capable of accommodating a single adult bed, a bedside table and somewhere to store clothes (see paragraph 33 of Nelson), as well as providing space for dressing and undressing.”
… THEN your council has the full discretion – as THE decision maker – to do as in the above comment and change its decision in your favour.
Many councils will flatly refuse to come out and visit which they need to do to comply with the law if size, layout, configuration, the head of the stairs in a room or a sloping ceiling or any other actual circumstance they have to physically see and/or measure and they do so because of the cost to them. Of course if you maintain a room is not a bedroom as it is used for another purpose they do not need to come out to inspect, but if any aspect of your dispute concerns size then they do.
Any other excuse they make such as they have no discretion to change the decision, they do not need to inspect or what a bedroom is is determined by the landlord is bollocks and they are only trying to avoid the cost of making the bedroom tax decision in accordance with the law.