How to Fight the Bedroom Tax

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FIGHT THE BEDROOM TAX

Your rights as a tenant /  What your landlord might do / How to resist eviction

DISCRETIONARY HOUSING BENEFIT

– Could temporarily pay shortfall

– Apply immediately

– Immediately request appeal to an independent tribunal

– Challenge legitimacy of lower housing benefit award due to bedroom tax/under occupancy rule

– Do this within 4 week deadline of benefits ‘notice’

EFFECT OF RENT ARREARS ON TENANCY.

– Landlords may take legal action to evict tenants in rent arrears

– Landlords MUST first serve a legal ‘notice seeking possession’ on tenants.

– Usually 28 days notice of landlord’s intention to go to court to seek possession

– Landlords MUST follow strict procedure at all stages of the eviction process – failure may cause delays.

– Court will need to grant possession order in landlord’s favour.

IN COURT

Council Tenants (Secure Tenants)

– Judge grants possession if reasonable to do so.

– Arguments against eviction which should form part of judge’s consideration:

– Cuts in housing benefit make impossible to pay.

– Lack of suitable alternative accommodation

– Proximity of family / schools / medical care etc.

– Possession Order should be suspended if tenant has realistic plan to pay arrears in future.

– Where council has failed to maintain property – may have counterclaim – could reduce / cancel arrears.

Housing Association (Assured Tenants)

Many Housing Associations offer less protection. Sometimes court has to award possession on ‘mandatory grounds’

– Rent arrears of 2 months+.

– With 1 ‘spare room’ takes around 14-15 months for arrears to reach 2 months’ worth rent.

WHAT HAPPENS AFTER A COURT HEARING?

– ‘possession order’ will give deadline for tenants to vacate.

– Many tenants simply ignore order.

– Landlord then applies for ‘bailiff’s warrant’ – to take physical possession of property, by force where necessary.

– Prove you can pay rent, can still apply to court to suspend eviction.

RESIST THE EVICTION

– It is not a criminal offence to peacefully resist eviction.

– Criminal offence to “obstruct an officer of the court” enforcing a possession order obtained against trespassers (Section 10 of the Criminal Law Act 1977)

– Where possession order not obtained under ‘trespasser ground’ (ie, overstaying tenants) obstructing county court bailiff not offence in itself, other than contempt of court.

– Bailiffs allowed to use “reasonable force” to gain access to building they have writ for. May call the police / police may be present, but the Bailiffs that must carry out the eviction.

– Each attempted eviction can be argued / resisted at every stage.

antibedroomtax.org.uk