If your small bedroom is 70 sq m or less it is classed as a BOXROOM.
Therefore it cannot be charged bedroom tax, this is listed under The Housing Act 1985, section 326. Please use this, do not take any excuses from the council as The Housing Act 1985 cannot be changed by law.
Hopefully this will help some people, but it could work the other way, ie, with a landlord claiming its a 2 bed flat and the Housing Benefit not paying the total amount of rent because the 2nd bedroom is not big enough to class it as a bedroom.
The act also says; The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained. Also regulations say for housing benefit the rental agreement counts so if you have been renting a 3 bed house for 6 years its 3 beds house regardless of size.
However, general consenseus is; the Metre-age thing is only applicable to issues of overcrowding, not housing benefit payments . As I mentioned above, it’s the housing association which determines if a property is 1 , 2, or 3 bedroomed. Seemingly one council redetermined the amount of rooms in some properties to help some tenants, but it was their choice to do so. And can’t remember which one it was.
The government are always saying that “Lessons have been learnt!” However, never for the benefit of the people (us), I’d bet that by the time our 12 yr old son grows up and moves out, that loophole will be firmly closed!!!! (His bedroom is a boxroom!)…..They’ll twist the law to suit them, coz they are the law, and they have almost complete impunity to their misdeeds……Our war disabled veterans that have served in the middle east can’t even get benefits;as shown on Dispatches last week, he should never have had to appeal to be awarded his benefit. I thought IDS was ex-army, yet he shows no compassion towards his comrades, who have fought or are still fighting, for our country…Okay……ranting done!!!
Please see this link for more info: http://thelincolnite.co.uk/2013/03/bedroom-tax-but-what-is-a-bedroom/