Reclassification of bedrooms due to through floor lift

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  • #285324
    Alison Jones
    Participant

    We have a claim where it has been declared that there is a through floor lift installed into one bedroom rendering it too small to now be used as a bedroom. Property has 3B but the landlord is supporting the CL with a request for the LA for HB purposes to accept it is now a 2B property – and so remove under occupancy deduction

    There is no doubt the lift is required but there are still many questions to be asked and information to obtain. I am just struggling around the starting point which is it really for the LA (as in HB) to agree the property is now 2B? isn’t it for the landlord to make this decision.

    I don’t want to start off down the wrong track and start gathering information on something that ultimately I cannot consider anyway.

    #285326
    c_dewdney
    Participant

    Sounds a reasonable argument. Do you have any reason to doubt the claimant/LL version of events?

    If in doubt you could always ask for a floor plan with measurements?

    #285327
    Alison Jones
    Participant

    I don’t doubt the CL/landlord version of events and have photos showing there is minimal room left in the bedroom with the lift.

    My confusion is with the question of whether it is down to HB to say yes we will accept this is now a 2B not 3B property or is it for the landlord to tell us they have reclassified it to 2B.

    If it is for them alone to make that decision and they haven’t/won’t reclassify then is that the end of it and we say sorry I realise you can’t use as a bedroom but your landlord states its remains a 3B property and that is what we are obliged to base the SSSC on.

    #285328
    Andy Thurman
    Keymaster

    Hi Alison,
    It is entirely an HB decision! This is an HA property, so the redesignation affects the rent setting. Whether it should be changed for that purpose is entirely separate to an HB judgement on under-occupancy.

    This means you make a judgement on the facts of the case – how many bedrooms now exist at the property? If you persist with the bedroom tax, the claimant simply needs to ask the judge if the foyer of the lift is really a bedroom! You seem wholly convinced it is not a room that could be used as a bedroom – don’t doubt yourself! (The HB regs state “the number of bedrooms in the dwelling” not the number of bedrooms designated by the landlord.)

    #285337
    Amanda JB
    Participant
    #285360
    markg
    Participant

    You are satisfied its now 2 bedrooms. So make that decision. The landlord isn’t insisting its still a 3 bedroom property, and they are helping the claimant to get you to deem it a 2 bedroom property. So, in essence, you’ve already got the landlord’s view that the property is now 2 bedroomed.

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