'As for the 'What is a bedroom/bedroom size' issue, we have taken legal advice and the number of bedrooms in a property is as stated in the tenancy agreement.


 


Where in the Act does it allow for the opinion of a third party to dictate the amount of benefit that a person should receive?


Whether a room is, or is not a bedroom is a matter for the local authority to demonstrate and between them and the tenant.'


 


That is PRECISELY what I said BH. Nothing about '3rd parties dictating benefits'.


When a tenant rents a property from us, it clearly states in their tenancy agreement, which they must read and sign indicating that they accept the terms and conditions therein, 'Type of property: 3 - Bedroom Semi-detached house' or similar. this is the legal document defining the number of bedrooms in our properties. 


 


 



 


A legal document between the landlord and tenant defining the number of bedrooms is not automatically a legal document between a local authority and tenant which defines a bedroom.


 


Nor does it mean that for the purposes of the the Welfare Reform Act, a bedroom stays a bedroom if it is used for a different purpose necessary for the well being of the tenant where they have special needs.


 


It is not for the HA, who determine how much HB a particular tenant receives and nor do they, their job is to collect their rent, it is up to the local authority and it is they who should make the decision on what is or is not a bedroom by looking at the individual claimant's situation not by simply going on the landlord's original statement.


 


The fact that a small room is designated a bedroom for the purposes of sleeping a small child does not make it a bedroom suitable for sleeping two teenage children.


 


Housing associations usually set a high standard of accommodation, those high standards are now turning to bite the tenants that benefited, frequently having little choice in the matter and indirectly also biting the HAs that supplied them.

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