PLEASE CIRCULATE FAR AND WIDE
There ARE minimum room sizes
in law for a bedroom and the HA2004 and statutory guidance on that blows the
bedroom tax room size issue wide open.
Frankly, who cares about whether the HA1985 Act on room size is
applicable to just ‘overcrowding’ or not which is the current hot issue as that
becomes a side show as the HA2004 deals not with ‘overcrowding’ but with
‘crowding and space’ and applies to under occupancy.
“’Crowding and space’ is described in the HHSRS Operating Guidance as a hazard associated with lack of space within a dwelling for living, sleeping and normal family/household life. The assessment is not just a measure of over-occupation by the existing household.”
If my interpretation of the HA2004 is correct and I have quietly
been seeking opinion on it from many housing and environmental health
professionals, lawyers and many others then:-
- Any definition of ‘bedroom’ HAS to include a minimum room size component of at least 70.1 square feet
- All the original and subsequent bedroom tax decisions are unlawful as they failed to consider the HA2004 Act and subsequent statutory guidance on room size
- All bedroom tax decisions should be reviewed and/or appealed with immediate effect by the tenant
- The DWPs most recent guidance to councils in the U7/2013 HB circular which says they can determine what a bedroom is in any way except measurement is and has to be unlawful as it cannot overrule HA2004
- Every tenant with a purported bedroom of less than 70.1 square feet has a housing and health hazard in their property and has an absolute right to demand the local council come out and inspect the property for this and any other category 1 or category 2 hazard.
It cannot be
right or acceptable in any way whatsoever that not only is the tenant subjected
to a category 1 hazard under law but is being charged for that housing health
and safety hazard with the bedroom tax!
Further in
order to pay this unlawfully deducted amount the tenant is placing herself in
fuel poverty and in doing so is making or enhancing other category 1 hazards
such as the thermal comfort criteria by being unable to afford to heat the
property. Or if you pay the bedroom tax you can’t afford to heat your
property.
Moreover, the
opportunity cost of this is that other aspects of the public purse such as the
NHS are incurring much higher costs and much greater impacts of health and
housing due to the pernicious bedroom tax policy which make it irrational and a
net cost let alone unlawfully imposed and the unlawful recent guidance imposed
by the DWP in the U7/2013 HB circular.
Time to look at
the argument and below is what the HA2004 says: -
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