Defining a bedroom

According to Joe Halewood, there has been a critically important decision by the Upper Tribunal about what a ‘bedroom’ is.  A bedroom is a room with a bed, used for sleeping.  That means that when it comes to the Bedroom Tax, it does not matter how the landlord classifies the property; what matters is how the property is used.  The test is simple – does the room have a bed in it?

This is not the same principle as the one I’d argued for – I think the definition of a minimum size of ‘room’ is very clear in law – but it will probably be more use to tenants.  Joe cites the Upper Tribunal reference as CH/140/2013.  However, the case has not been published yet, and it will have to be publicly available before it could be taken to be authoritative.

Further note, February: The judgment is now available here.  Although it’s a private sector case, the argument for its application to the bedroom tax is highly plausible.

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