Our previous blog looked at the forthcoming bedroom tax impact on housing associations and offered some suggestions on minimising its impact.
Glasgow Advice Agency, an organisation which provides welfare rights and advice services across the South and North East of Glasgow, have recently obtained and published an opinion from Jonathan Mitchell, Q.C.
In this blog, I will look at arguments that rooms of certain sizes should be left out of account.
The Housing (Scotland) Act 1987 contains provisions which relate to overcrowding.
The 'space standard' sets out limits on the number of persons who may occupy a house based on the number of living and sleeping rooms within the house. Persons aged under one year old are excluded and children between the ages of 1 and 10 are counted as "half a person"
The rules are as follows.
- more than 110 square feet (10.2 sq metres approx) = 2 people
- 90 - 109 square feet (8.4 - 10.2 sq m approx) = 1.5 people
- 70 - 89 square feet (6.5 - 8.4 sq m approx) = 1 person
- 50 - 69 square feet (4.6 - 6.5 sq m approx) = 0.5 people.
- Less than 50 square feet = not suitable as sleeping accommodation
It may well be possible to argue that any room which is smaller than 70 square feet should not be treated as a bedroom for anyone, and certainly not for anyone over the age of 10, no matter its actual use.
The suggestions contained above will also require to be tested after April.
If any housing association requires further information, get in touch we are happy to help and are also able to liaise with colleagues acting for tenants.
