Bedroom Tax rebate for Lambeth residents?

There has been a fair amount of justified criticism of Lambeth Council over its failure to stick up for local residents in the face of the Bedroom Tax.  There have been protests against its policy on evictions for those who fall into arrears as a result of the tax.

Many other councils have done far more, for example redesignating homes.  Some have pledged to evict no one who falls into arrears as a result of the Bedroom Tax.  Lambeth have done neither. We asked Lambeth Council Leader Lib Peck a year ago whether Lambeth would refuse to evict.  She said she wouldn't. 

As soon as we heard on 10th January about the Bedroom Tax rebate that many residents who had occupied their homes continuously for the last 17 years might be entitled to, we contacted the Council, and have since then been pushing to ensure that residents receive it.

We also submitted a Freedom if Information request on the day that the news broke.  We have now received this response:

"Thank you for your request for information received on 10th January 2014 concerning (the Bedroom Tax Rebate). Please find our response set out below.

"1. What steps Lambeth Council is taking to seek out those residents? 

"We are in the process of writing to all housing associations asking them to identify any residents that fall into the criteria. We are also attempting to interrogate our own systems to identify such residents but the query is still with our systems administration team. Our partner organisations (Lambeth Living (ALMO) and various
tenant and resident management organisations) who manage our housing stock are also identifying residents in Lambeth properties.

"2. Whether Lambeth Council has the necessary records to offer rebates to everyone  entitled to one? 

"Lambeth records only go back to 1997. However, we will accept a letter from the Landlord stating they have been in residence and receipt of benefit from 1996.

"3. Whether Lambeth Council has an estimate of how many people in Lambeth may be entitled to a rebate, and also an estimate of how many will get a rebate? 

"We do not have this information currently."

Protest against Lambeth Council's Bedroom Tax evictions

There will be a demonstration by Loughborough Estate residents against the eviction of an estate resident, Dennis, when he appears in court on Friday July 5th at 2pm.

There are more details here.

Although Lambeth Council says it opposes the Bedroom Tax, it refused to follow the example of other councils who are resisting the Bedroom Tax, and promise not to evict residents who fall into arrears as a result. This is despite direct appeals by residents.

Pressure grows on Lambeth Council over 'Bedroom Tax' evictions

The Brixton Blog has reported on the growing pressure on Lambeth not to evict those who fall into arrears as a result of the new 'Bedroom Tax'.

The Loughborough Estate Tenants and Residents Association is now urging the council to not make those tenants leave their homes who face eviction as a result of the changes.

There was unanimous support for a motion urging the council to protect the 170 people on the Loughborough Estate facing a 14% cut in their housing benefit because they have a spare room.

We asked Lambeth council several months ago to follow the example of other councils around the country and not evict those residents who fall into arrears as a result of the Bedroom Tax. Lambeth Council refused.

Lambeth Council to evict tenants who fall into arrears as a result of Bedroom Tax

Leader of Lambeth Council Lib Peck has now responded to the open letter we sent, asking Lambeth Council not to evict tenants who fall foul of the new 'Bedroom Tax' which comes into force in April. (From April, the country’s poorest working age adults in social housing who are deemed to have a spare bedroom, are having their housing benefit cut. Of the 660,000 people affected, around 100,000 live in homes specially adapted for disability according to the National Housing Federation. It also estimates 230,000 people in receipt of disability living allowance will be affected).

Since the letter was sent, Brighton council have become the first council in England to commit to fighting the Bedroom Tax by not evicting tenants who foul of the tax. This is the path that we think Lambeth should also follow.

The response from Lambeth however is disappointing. Lambeth has said that it will pursue evictions of those who fall into arrears as a result of the Bedroom Tax. This is perhaps not unexpected given Labour's recent confirmation that it would not get rid of the Bedroom Tax if elected. Indeed, in her letter council leader Lib Peck reaffirms Labour's support for the principle of the Bedroom Tax:

"...as a council we have a responsibility to all our tenants to collect rent and there should be no difference in how we treat arrears coming from the bedroom tax to those that accrue as a result of other Government policies. To do so would send a message to residents that they do not need to work with us to tackle the problem caused by the bedroom tax and that they can continue to under-occupy with the council meeting the shortfall."

The Council, however, has already stated elsewhere that that there aren't enough properties in the borough to downsize to, and that many will fall into arrears. This is in no small part down to the fact that it has sold off so much social housing (and left a lot more to fall apart).

Instead, Lambeth's council leader recommends options such as 'get a decent job' (of course many people affected by the Bedroom Tax already have jobs) 'move to a smaller property' (when there aren't enough available) 'swop with someone else' (which passes the problem onto others) 'get someone else to pay more' (but many of these households are already on the breadline and have a disabled family member) or take in a lodger (which has other financial penalties).

We have suggested other measures which Lambeth could explore to protect local people, but it seems Lambeth will not be taking these up either. Together this reaffirms that despite its advertising campaigns, Lambeth is quite happy to implement the cuts on the most vulnerable and not doing what it can to protect them.

The full text of the letter is as follows:

Dear Mr Bartley,

Thank you for your email.

As a Labour Council we are very proud of our diverse, mixed and vibrant communities across Lambeth and so we are very concerned about the large number of benefit changes that the coalition government are introducing and the negative impact that this may have on many of our residents. We have contacted the government a number of times to make our views clear and to ask them to reconsider, but the coalition government have pushed these changes through to become law and as you’re aware many of them will come into effect from April 2013. As a local authority we are now powerless to stop these changes but we will continue to make sure this coalition government knows how these changes are affecting local people in Lambeth.

What we can also do is make sure all affected residents are aware of the changes and to work with them to support them to find the best solution to cope with these changes: the sooner people are aware of the benefit changes, the sooner they can seek advice and help.

As you state in your email, we expect about 4,000 affected households in Lambeth. The council has provided additional funding to Lambeth Living – who manage the majority of our housing stock - to engage additional staff to make contact with these families and discuss their options for making up the shortfall in Housing Benefit that they will experience because they are under-occupying their property according to the new size criteria. The options for affected households include finding sustainable employment, moving to a smaller property (assuming one is available), moving to a cheaper area, mutually exchanging their property, taking in a lodger, asking a non-dependent member of the household to pay more towards the rent or otherwise making up the shortfall themselves. To assist the process, we are funding Broadway – a voluntary organisation - to establish a pilot lodgings scheme which aims to match under-occupied households subject to the Housing Benefit cut with people needing single room accommodation. The pilot started 1st Jan 2013 and runs to the end of June.

On your specific point re. rent arrears, as a council we have a responsibility to all our tenants to collect rent and there should be no difference in how we treat arrears coming from the bedroom tax to those that accrue as a result of other Government policies. To do so would send a message to residents that they do not need to work with us to tackle the problem caused by the bedroom tax and that they can continue to under-occupy with the council meeting the shortfall. We can't afford to do this and nor is it desirable. However, we are working with our ALMO, Lambeth Living to review arrears current policy to consider whether any changes are necessary.

We also recognise that there may well be problems for some households and we have arrangements in place to support them – as detailed above. We are also taking steps to protect those who have a genuine need for the extra room via Discretionary Housing Payments (DHP) (eg: foster carers, those in adapted properties) and can consider other situations on a case by case basis. We are committed to spending every penny of the DHP we've been given by Department of Work and Pensions (DWP) to support those affected by the welfare cuts.

I hope this information is helpful.

Yours sincerely

Cllr Lib Peck
Leader, Lambeth Council

Another local option for dealing with the 'Bedroom Tax' ?

Yesterday I wrote to Lambeth council leader Lib Peck asking for a commitment not to evict tenants who fall foul of the Government's 'Bedroom Tax'.

On the Guardian website today is a story that points to an additional course of action that Lambeth might be able to take.

It concerns Knowsley Housing Trust, who have reclassified nearly 600 family homes as smaller properties. This will exempt tenants from having their housing benefit reduced by the Bedroom Tax.  It is conceivable that a local authority could do the same with its own housing stock, particularly given that Lambeth faces similar problems regarding a lack of suitable smaller housing for tenants to downsize to.

The legal situation regarding whether a council might be able to do this is already being discussed:

While the bedroom tax statute is silent on what constitutes a bedroom, there is plenty of statute that could provide a definition, e.g  Part X Housing Act 1985 – the statutory overcrowding provisions: 

• more than 110 sq feet (10.2 sq metres approx) = 2 people

• 90 – 109 sq ft (8.4 – 10.2 sq m approx) = 1.5 people

• 70 – 89 sq ft (6.5 – 8.4 sq m approx) = 1 person

• 50 – 69 sq ft (4.6 – 6.5 sq m approx) = 0.5 people.

• Less that 50 sq ft = not suitable as sleeping accommodation

Then there are the HMO regulations, Housing Act 2004, which sets a minimum of 6.5 sq m as a bedroom where there is a communal living room (or 10 sq m where there isn’t.) 

Some local authorities also have their own HMO licensing standards, which set minimum bedroom sizes. 

Arguably, any or all of these would be of relevance to whether what is identified in the tenancy agreement as a bedroom is lawfully so-called, and thus whether the bedroom tax should apply.

I have raised this with a councillor who had also seen the story, and asked whether this is something Lambeth could explore.  Let's see what happens...

Open letter to Lib Peck asking Lambeth not to pursue evictions of tenants who fall foul of the 'Bedroom Tax'

I have today sent the following letter to the Leader of Lambeth Council Lib Peck, asking for a council commitment not to pursue the eviction of tenants who fall foul of the new 'Bedroom Tax'.


26th February 2013


Dear Cllr Peck,

As you know, from 1 April 2013 new restrictions will be introduced by the Government affecting working-age households occupying social housing. Reductions will be applied to housing benefit payments where tenants are deemed to be under-occupying their homes. This has been called the ‘Bedroom Tax’.

Your own estimates suggest that 4,000 households in Lambeth will be affected. These will suffer shortfalls of hundreds of pounds a year. You also suggest that because of Lambeth’s lack of suitable smaller accommodation for tenants to downsize to, there will be a large build up of rent arrears. The result will be more debt, more people struggling with bills and the real risk of more homelessness, with all the enormous costs that brings.

It is not enough for Lambeth council to wring its hands in despair. Lambeth Council must take steps to protect those who will be adversely affected. Will you therefore commit the council not to take eviction action against tenants for rent arrears which have arisen as a result of housing benefit being reduced for ‘under-occupation’?

This would be workable, practical and within your power to do. In determining when and whether to initiate and pursue proceedings to recover a tenancy as a consequence of rent arrears, the council could:

- Calculate the sum by which the household’s housing benefit payment has been reduced by under-occupancy restrictions

- Disregard that sum in relation to action for recovery of the tenancy (eviction).

This would be a pragmatic move that would leave it open for Lambeth Council to do as it has always done for other types of rent arrears. Other forms of debt-recovery might be used for bedroom tax-related arrears should Lambeth Council choose to pursue them. But crucially, it would remove the spectre of eviction and homelessness that will hang over many of Lambeth’s most vulnerable residents as a result of the Bedroom Tax.

I look forward to your response.

Yours sincerely,


Jonathan Bartley
Chair
Lambeth Green Party