The Bedroom Tax

Pages134-139
Date01 January 2015
Published date01 January 2015
AuthorPeter Robson
DOI10.3366/elr.2015.0258

Changes to the rules on entitlement to social security benefits normally attract minimal media attention. The various radical changes wrought in the benefits for sick and disabled citizens in the past two decades occasioned minimal press comment and limited public reaction. So why did apparently minor tweaks to housing benefit, the means-tested benefit for low-income occupiers of social rented housing, occasion such a political and media outburst in 2013, when the same changes in the private rented sector attracted no attention? Henceforth the number of bedrooms a person has in their accommodation will affect the amount of financial assistance that can be claimed. Some context as to how this benefit came into existence and what problems it addresses helps explain why the change was so controversial. Legal education these days is not so narrow and rule-focused as to blind practitioners to the politics of technical regulations and why forms of resistance, including court strategies, can provide a focus for community empowerment. This use of the legal process as a rallying point for organisation has long been a feature within the politics of housing, most memorably with the Clydebank rent struggles of the 1920s.1

S Damer, Rent Strike! The Clydebank Rent Struggles of the 1920s (1982) Clydebank People's History Pamphlet.

MUTUAL ASSISTANCE FOR COMMON CALAMITIES OF HEALTH AND POVERTY

Maintaining one's health is a necessity for any kind of civilised existence. Healthcare is, however, a costly commodity. When we suffer health problems in a profit-based economy there is provision for all through communal means. Housing is another of life's necessities. It, too, is expensive to provide particularly in a Scottish climate. The Royal Commission on Housing in Scotland2

Report of the Royal Commission on the Housing of the Industrial Population of Scotland Rural and Urban (Cmnd 8731:1917).

concluded back in 1917 that the market was not able to provide decent housing for those with lower incomes and that there would need to be community provision - social rented or council housing. Since the nineteenth century a range of alternative solutions has been put forward to ensure that market failure did not condemn people to overcrowded and insanitary dwellings. Providing houses from pooled community resources and allocating them on the basis of housing need has been a major alternative to the market. Here the community, either through progressive general taxation or local rates, subsidises the building of houses which were traditionally rented out and retained by the community for the needs of future generations

The purchase of low-cost housing was also subsidised from taxation in the nineteenth and twentieth centuries through such schemes as the Small Dwellings Acquisition Act 1899 and local authority mortgages. In addition, those with limited incomes have pooled their resources to provide housing via mutual associations such as traditional Building Societies. All shared the same goal: to provide a decent necessity at a price that could be afforded not just by the well-to-do. There were also crisis measures which affected the 90% of housing which 100 years ago was rented from private landlords. The temporary wartime solution in 1915 was to freeze rents and effectively have landlords subsidise their tenants in order to allow a focus on the war effort.3

J Melling (ed), Housing, Social Policy and the State (1980).

The relentless march of the market has, however, distracted attention away from these alternatives in the past forty years, as owner occupation has been lauded by a succession of British governments as being morally preferable to renting housing. Given that expanding the access to owner occupation for all has, in fact, proved to be the catalyst for the post-2007 financial crises, there has been a belated recognition that renting will continue to be a viable and worthwhile sector in housing.4

Scottish Government, Review of the Private Rented Sector (2009), available at http://www.scotland.gov.uk/Publications/2009/03/23153136/0 .

MEETING THE HOUSING NEEDS OF POOR PEOPLE AND AVOIDING EXPLOITATION

The problem of ensuring that tenants are not exploited by the market has not been an issue in social rented housing where rents are fixed at levels which are broadly affordable. In...

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