The Bedworth bedroom conundrum

Nuneaton and Bedworth Borough Council v RH and Secretary of State for Work and Pensions (2017) UKUT 471 (AAC) A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax. RH occupied property described as a 3 bedroom house. Under the tenancy agreement the maximum number of permitted occupiers was 4. RH and her husband used one room. Her two sons, 7 and 9 at the relevant time, occupied one room each. As under Reg 13, the two sons were expected to share a room – not ‘entitled’ to one each, the bedroom tax was applied. However, the FTT found as facts that: neither of the smaller rooms could be shared. One of the two rooms could accommodate a single bed, but a bunk would obscure much of the natural light. That was not in dispute. The other room could accommodate a bunk bed without interfering with the doorway, natural light, and access…

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