Is a conservatory classed as a living room

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  • #46092
    lexi
    Participant

    Hi,

    We have a scenario where mother and daughter want to take on a joint tenancy. They have stated that the mother will have exclusive use of a lounge and a bedroom and the daughter will have exclusive use of a bedroom and a conservatory.  If we are satisfied that this is infact the situation and not just a way to get round the shared room rate of LHA can we class a conservatory as a living room?

    Thanks

    #130111
    aosulliv
    Participant

    I have asked a couple of Housing Officers and their opinion is that you can but only if it isn’t glass framed

    #130462
    Anonymous
    Guest

    Common household = 2 bed rate each regardless of how they split the rooms.

    Then again this sounds like one of those LHA-maximising landlords so be careful how you respond, otherwise they might end up charging double the 2-bed rate for this 2-bed property.

    #130465
    John Boxall
    Participant

    Given that, as joint tenants they each have equal rights to the whole property, there may be an arguement that any joint tenancy agreement that purports to divide the property between the tenants contains terms that are not enforceable so is contrived/non commercial

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #130470
    lexi
    Participant

    As they are joint tenants and neither have children if we are not satisfied that they have exlusive use of another bedroom/living area then they are subject to the shared room rate. Therefore I believe they are doing this solely as a way to get round this so that they can have the 1 bed rate.

    We have since gone back to them and asked if the landlord has specified this in the terms of the tenancy so the last point makes for an interesting argument.

    Thanks

    #130680
    Andy Thurman
    Keymaster

    Lexi,
    As Michael has said, the LHA position is (almost certainly) 2 bed rate each.

    Mum & daughter (hidden behind the ill-advised and almost certainly made-up/engineered “2 separate rooms” statements) will be living together as one household as per caselaw actively supported by DWP.

    That means that they both have a room for themselves and a room for the other in their LHA assessment. Case law has also shown that the “2 rooms” exclusivity is only valid where the liabilities are separate. (If a joint tenancy, use of rooms is purely a matter between them.)

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