SLIDE 1
‘Bedroom Tax’ – What is it?
- The deductions
- How many bedrooms does a household need?
Legal Implications of Welfare Reforms: Appealing Tenants Jenny - - PowerPoint PPT Presentation
Legal Implications of Welfare Reforms: Appealing Tenants Jenny - - PowerPoint PPT Presentation
Legal Implications of Welfare Reforms: Appealing Tenants Jenny Francis, Senior Associate 12 November 2013 Bedroom Tax What is it? The deductions How many bedrooms does a household need? What is a bedroom? Not defined for
SLIDE 2
SLIDE 3
What is a bedroom?
- Not defined … for landlords to decide
- Conflict with overcrowding legislation
SLIDE 4
What is a bedroom?
- Re-classification?
Careful consideration
- Funding covenants
- Contractual requirements
- Other requirements
- Rent level
Lord Freud
- Past rent
SLIDE 5
Potential challenges
- The (mostly) Unknown
- High Court cases – discrimination against
disabled persons
The facts The decision The implications
SLIDE 6
Potential challenges
- Your experiences
SLIDE 7
Potential challenges
- Reasonable to grant possession orders?
- Reasonable to suspend possession orders?
- Judicial review/public law challenges
Against who?
SLIDE 8
Our suggested approach
- Prepare & equip your housing officers with a
standard witness statement which includes:
Steps taken to inform tenant Steps taken & offers made to tenant Personal information about the tenant DHP
SLIDE 9
Potential challenges
Focus on bedroom tax today – but what about
- Universal credit and end of direct payments?
- Use of ground 8?
- Policy changes?
- Ending starter tenancies for rent arrears?
SLIDE 10
Court procedure
- Appellants notice
- Grounds for appeal
- Public funding
SLIDE 11
What can you do?
- Allocations policy
Policies and procedures Do you allow an extra bedroom? What priority do you give ‘under-occupation’? Effect on existing arrangements?
If you offer fixed term tenancies, can you be creative?
SLIDE 12
What can you do?
- Tenancy agreements – making changes
New agreements Existing tenancy agreements
- Secure
- Assured
By agreement Unilateral variation provision – the risks
SLIDE 13
What can you do?
- Tenancy agreements
Direct debit/automatic payment/bank account Former tenancy arrears clause Frequency of payments? Ground 8
SLIDE 14
What can you do?
- Tenancy agreements
Bedroom ‘Disclaimer’ Approach to lodgers and sub-letting? Services
SLIDE 15
Things to look out for
- Case decisions & patterns
Share information as much as possible Court users group
- Changes to the pre-action protocol
- Further Regulations & guidance
SLIDE 16
If you have any queries or comments in regards to this document please contact Jenny Francis of Anthony Collins Solicitors LLP on 0121 214 3553 or jenny.francis@anthonycollins.com