Kent Freedom Movement

Bringing truth to the people of Kent

The 'BEDROOM TAX' Legal

Having read the Welfare Reform Bill regarding the size of property that this Bill relates to, I put my case to the local authority ; The DWP will not define 'Bedroom' this is left to the local authority to discribe what the property is and should be shown on the TENANCY AGREEMENT (I have nothing shown on mine to state how many bedrooms I have) I have 3 rooms the same size, the living room is small 9ft 6ins by 12ft, so no room for my dining room table. I use 1 room as living room, one as a bedroom and the other as dining room/study.

The Oxford Dictionary defines a bedroom as; A room containing a bed normally used for sleeping, I only have one room that fits that discription. I would think a valid LEGAL challenge to their descision. They have issued me with a Notice Seeking Possession on the grounds of rent arrears. My story was published on the front page of our local Press where I condemned this 'TAX' as unfair on the people who can least afford extra living costs and the fact that there is not enough 1 bed properties for people to move to in order to down size.

I have also read; Housing Benefit and Council Tax Benefit Circular' from the DWP. Who Should Read; All housing benefit (HB) and council Tax benefit staff. Doc, HB/CTB A4/2012 Adjudication and Operations Circular. On page 10 of this document under 50 Supported ''excempt' accommodation it states that the size criteria rules will not be applied to those in this class of property. * Definition of supported 'excempt' accommodation (2) Such accommodation includes group homes,hostels,refuges,sheltered housing,supported living complexes and adapted housing for the disabled. My property is Sheltered Housing, having moved into this property due to injuries I received as a result of a police assault 'Get this ' over an alledged 10yr old CT debt ! still subject to ongoing appeal (will post full story after)

I informed my local authority of my findings and LEGAL argument over the BEDROOM TAX but to no avail just more demands for payment. I could put it down to incompetence on the regulations but it ceased to be that once I had informed them I was exempt This was then an UNLAWFUL DEMAND for money to which they were not entitled. 1968 Theft Act applies. Never take it that Councils are right any way that they can get money from you they WILL.

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Permalink Reply by dave freeman on September 20, 2013 at 22:52

Hi Peter, I like your article on bedroom tax; I believe that there are a few illegal things about this whole sorry state of theft by Government. If one is claiming unemployment, then one has only the minimum money paid to them to exist on, thus leaving one on sub-existence money if bedroom tax comes into force, is this illegal? When anyone signed for example, a contract to rent a council house/flat, was there any clause in that contract that stated the person had to move out once the children moved out, or whatever other circumstances, and left bedroom/s available? And let's not forget that “A statute is a legislative rule of society given the force of law by those who consent” and on that note we have legal grounds to fight on. I only wish that I had more experience to prepare a case for the higher courts and I would ask for remedy, I just do not have the legal nous, to put together a plan and make application to have the council taken to a higher court after magistrates say that I must pay this money. I truly believe that someone (Habeas) with the knowledge could take on these councils/government and win. I also believe that "The Petition of right 1627 could help, along with the 1648 Bill of Rights, especially where it states that no soldiers or mariners should lodge in the houses of the poor, this in relation to taking in lodgers.

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Permalink Reply by Pete Glastonbury on September 21, 2013 at 3:31

Hi Dave good points, No Charges can be made by a Bank if you are on State Benefits I have stuided 'their' laws for a few years now very complex subject. The whole issue of the Welfare Reform bill was to cut costs of housing benefits, and free up under occupied property. Ok most people would think, but as people drift into the private rented sector because of the shortage of 1 or 2 bed properties let by local authorities costs will rise, Its not nice or fair for anyone to be forced out of their HOME by LAWS passed now. I really do think that of the 660,000 people that this Bill affects we are big enough in number to take on the LAWFULNESS of their Statutes. If this Bill had been brought in over a few years some tenants would have moved anyway. Read all the documents sent to local authorities by the DWP and the LEGISLATION and really study their contents. Unemployment benefit is the amount the law states you are entitled to for living not to pay rent out of if they moved the goal posts, on that note I think we do have a LEGAL argument.

I hope that you are following Michael Docherty in his fight for Justice (Justice Now) If we just keep bowing to their demands they will stamp on us, use the power of the Press make it public knowledge not enough is printed to show the misery that is being caused. For nearly 6 months I was hounded for payment for money I did not lawfully have to pay even CAB did not pick up on the points where I was exempt, but then again niether did the Council just going on what age I was exempt from because of pension credit, or was it the criminal act of obtain money by deception or menaces ?

I will study the LAWS you have mentioned and I would think that under those LAWS we do have a right Just a shame our MPs dont live in social housing, there to represent us but as soon as they are in power they dictate. I will however be issuing my council with a bill of my costs and claim for damages because of their unlawful demands and threats of action to make me homeless.

Due to an appeal live at moment about local gov I cant disclose details of my case but it should help others in the future will post as soon as I have results through courts. Take a page from Michael Dochertys book and never give up however hard it seems. Will do some homework and delve deeper in this old laws still in force may overide new Legislation in details.

Best regards Pete

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