sofa bed in a conservatory and a student son

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  • #39694
    neil watkin
    Participant

    1. Property has 3 bedrooms and they have put a sofa bed (a high quality sofa bed!) in the conservatory to create a 4th. This is for the (student) son who comes at weekends. The landlord has now written and confirmed he was happy to let as 4 bedrooms.

    The property is being paid on 3 bed rate.

    2. The son (who uses the conservatory bedroom) is a student at Uni, he has his own private tenancy and can use of the property at all times of the year. But his tenancy runs for the term time.

    Based on that recent commissioner’s decision re student residency, we make a distinction between halls of residence students and students who have their own tenancy. Hence we are saying the son is not resident anyway.

    Any opinions?

    1. Does a sofa bed in a conservatory constitute a bedroom under LHA ?
    2. Has anyone got any experience of decision made on student residency since that commissioner’s decision?

    #113037
    Anonymous
    Guest

    LHA is based on the people in the household not the property so I don’t think the conservatory / sofa bed room is an issue. If the household warrents 4 bedrooms they get it regardless of the size of property they live in.

    Can’t help you on the student caselaw I’m afraid. :~

    #113047
    Andy Thurman
    Keymaster

    [quote=neil watkin]This is for the (student) son who comes at weekends.[/quote]

    Sounds like he still lives at home to me! Occupying halls of residence while away is a more ‘reassuring’ situation but not decisive.

    #113061
    neil watkin
    Participant

    Yes, if it was halls of residence we wouldnt be querying this. I do suspect we are on rocky ground 🙁

    #113073
    Anonymous
    Guest

    “Property has 3 bedrooms… The landlord has now written and confirmed he was happy to let as 4 bedrooms.”

    Not quite sure what this means… has the landlord increased the rent to the 4-bed LHA rate?

    #113075
    neil watkin
    Participant

    no sorry. There are 3 actual bedrooms and they have adapted the conservatory as the 4th bedroom by putting a sofa bed in there (as required), no change in rent.

    From the replies , the issue is now the residency of non dep student son who uses the sofa bed when he comes to stay.

    #113077
    Anonymous
    Guest

    Yep: the rent hasn’t changed, the property hasn’t changed, the only issue is whether the son is resident. I’d say he is.

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