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 landlords to decide • Conflict with overcrowding legislation •
What is a bedroom? Re-classification? • Careful consideration Funding covenants • Contractual requirements • Other requirements • Rent level • Lord Freud Past rent •
Potential challenges • The (mostly) Unknown • High Court cases – discrimination against disabled persons The facts The decision The implications
Potential challenges • Your experiences
Potential challenges • Reasonable to grant possession orders? • Reasonable to suspend possession orders? • Judicial review/public law challenges Against who?
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
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? •
Court procedure • Appellants notice • Grounds for appeal • Public funding
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?
What can you do? • Tenancy agreements – making changes New agreements Existing tenancy agreements • Secure • Assured By agreement Unilateral variation provision – the risks
What can you do? • Tenancy agreements Direct debit/automatic payment/bank account Former tenancy arrears clause Frequency of payments? Ground 8
What can you do? • Tenancy agreements Bedroom ‘Disclaimer’ Approach to lodgers and sub-letting? Services
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
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
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