Housing TeamAmy Tagoe – Solicitor

ata@stephensons.co.uk

01942 774198

Issues we deal withMost tenant/ homelessness issues including:

Rent arrears/ notices

Possession proceedings – any reason

Evictions

Unlawful Evictions

Homelessness

Disrepair

Anti Social Behaviour Injunctions

FundingPublic funding (legal aid) available

- ‘passported benefits: Income support, Income based JSA, income based ESA, guarantee credit

- low income qualifies

- assessment of means over the ‘phone/ at the drop in

- Fixed fees available

- CFA where appropriate

Main housing Legal Aid Changes

Early Intervention – now when proceedings are contemplated

Allocation/ waiting list Disrepair – only if significant risk to health or as a

counterclaim General queries/ succession of tenancy unless

proceedings are contemplated Unlawful Eviction – Law Society fought to keep in

scope Housing Benefit and general welfare rights (we now

have a pro bono unit)

The bedroom taxWelfare Reform Act 2012

Unless old enough to receive a state pension, the amount of housing benefit given to social housing tenants with a “spare bedroom” has been reduced

One spare bedroom equal to 14% rent Two or more spare bedrooms equal to 25% rent

Housing Benefit will pay towards one bedroom each for each of the following

- An adult couple

- Anyone aged 16 or over

- Two children under 16 of the same sex

- Two children under 10 regardless of sex

- Any other child

Does anyone escape? Those who are of pensionable age Approved foster carers who have been

approved in the last 12 months or who have taken in a child in the last 12 months

Adult children in the Armed Forces but who continue to live with their parents

Changes since the legislation

A carer who needs to be able to stay overnight but who doesn’t normally live with you (Burnip)

A room for a child who is unable to share due to a disability (Gorry)

Disabled adults who are unable to share? Rooms to small to be occupied as a

bedroom?

Non-binding decisions (first tier tribunal decisions)

Small bedrooms Previous use of rooms Room used for equipment for a disability Room used by a disabled child in residential care Specially adapted properties

Unnamed (fife) 4 bedroom property There were 3 rooms other than the tenants bedroom,

kitchen and bathroom The tribunal held that one could be considered a living

room It was held that the room leading to the kitchen could be

considered a dining room The 3rd spare room was 67 sq ft, and an unusual shape

and the tribunal was not satisfied it was fit to use as a bedroom.

Unnamed (fife) 3 bedroom property Disabled tenant The tribunal decided that he was entitled to an

additional bedroom for an overnight carer The 3rd bedroom was 64 sq ft and therefore too

small to be a bedroom for overcrowding regulations.

The tribunal held the 3rd room was not a bedroom

Nelson (fife) 3 bedroom property Disabled tenant Tribunal accepted that one bedroom was

needed for an overnight carer The 3rd bedroom was only 66.4 sq ft and

held too small to be a bedroom

Unnamed (Glasgow) The tribunal held that to apply the

regulations to a severely disabled woman who could not share a bedroom with her partner would be an unjustified breach of Article 14 (prohibition of discrimination)

Unnamed (Redcar) The tribunal held that a disabled woman

who was unable to share a bedroom with her husband was entitled to a separate bedroom

Unnamed (Islington) 3 bedroom property The tenants disabled son stayed with her every week for

between 1 and 3 nights It was held that the 2nd bedroom was occupied by the

disabled son The 3rd bedroom was 42 sq ft and was used to store

equipment needed for the disabled son. It was held that the 3rd bedroom was not a bedroom

although it is not clear from the decision whether this was based on room size or usage

Unnamed (Rochdale) 2 bedroom property The tenant had always used one of the

rooms as a dining room The tribunal held that the room was not a

bedroom

Pre-1996 exemption Claimants are exempt from the regulations

if they have been continuously claiming housing benefit for the same property since before 1996

There can’t have been a break in the entitlement of more than 4 weeks or 52 weeks if the claimant or their partner was a welfare to work beneficiary

Discretionary Housing Benefit (DHB)

Limited short term financial help by application to LA 1 in 16 people can be helped Fixed periods of time and dependant upon

circumstances But the funds run out very quickly

What can we do? Fight possession and eviction

Proportionality

Reasonableness

Equality Act Apply for DHB Present as homeless

(Affordability of current accommodation)

How to contact us Through the drop in clinics in Trafford at Broomwood or

Partington Appointments available at any of our local offices: Altrincham,

Manchester, St Helens, Leigh, Wigan, Bolton Contact the Altrincham office

Amy Tagoe

01942 774504 ata@stephensons.co.uk

Joanne Ellis

01942 774167 jel@stephensons.co.uk