If you rent from a council or housing association, claim Housing Benefit or the housing costs part of Universal Credit, and are under State Pension age, you have to pay the bedroom tax when the government’s formula says you have more bedrooms than your household needs. Who has to pay the bedroom tax and who is exempt comes down to three things: your tenancy type, your age, and whether your household fits one of the recognised exempt categories. The deduction is 14% of eligible rent for one spare bedroom and 25% for two or more.
Who Has to Pay
The rules apply to working-age tenants renting from a local council or a housing association who claim Housing Benefit or the housing costs element of Universal Credit. Regulation B13 of the Housing Benefit Regulations 2006 sets out the size criteria and percentages for Housing Benefit claimants.1Legislation.gov.uk. The Housing Benefit Regulations 2006 – Regulation B13 Schedule 4 of the Universal Credit Regulations 2013 does the same job for UC claimants. Both use the same allocation formula and the same percentage cuts.
You are outside the policy entirely if you rent privately (your support is limited by the Local Housing Allowance instead), if you own a shared ownership property, or if you have reached State Pension age. In 2026 that age is 66.
Mixed-age couples are a trap worth knowing about. Where one partner is under 66 and the other is over 66, current rules generally treat the couple as working age and require them to claim Universal Credit rather than pension-age Housing Benefit. That means the bedroom tax applies until both partners reach State Pension age.2Department for Work and Pensions. Housing Benefit Adjudication Circular A9/2019 – Mixed Age Couples Further Guidance
Tenants in supported exempt accommodation are outside the rules too. This covers housing provided by a housing association, charity, or voluntary organisation where the landlord (or someone acting on their behalf) provides care, support, or supervision alongside the tenancy.
How the Government Counts Your Bedrooms
How you actually use your rooms is irrelevant. What matters is the formula. You are allocated one bedroom for each of the following:
- An adult couple (one bedroom between them)
- Any person aged 16 or over who is not part of a couple
- Two children of the same sex under 16 (sharing)
- Two children under 10 regardless of sex (sharing)
- Any other child
If a member of a couple cannot share a bedroom due to disability, each partner can be allocated a separate room.1Legislation.gov.uk. The Housing Benefit Regulations 2006 – Regulation B13 Any bedroom beyond what this formula gives you is treated as spare.
How Much the Reduction Is
The cut is a fixed percentage of your eligible rent: 14% for one spare bedroom, 25% for two or more. These figures are set in Regulation B13(3) and have not changed since the policy started in 2013.1Legislation.gov.uk. The Housing Benefit Regulations 2006 – Regulation B13
In practical terms, if your eligible rent is £100 per week and you have one spare bedroom, you lose £14 per week in housing support. Over a year that is more than £700 you have to find from other income.
Who Is Exempt
Even when the formula says you have a spare room, several categories of household are protected from the deduction.
Foster Carers
Approved foster carers are allowed one extra bedroom, provided they have fostered a child within the last 12 months or have been newly approved within that period and are waiting for a placement.3GOV.UK. Housing Benefit Factsheet – Removal of Spare Room Subsidy Carers between placements are not immediately penalised.
Armed Forces Members and Students Away From Home
A room used by a member of the armed forces or reserve forces is not counted as spare while they are away on duty, as long as they intend to return home.3GOV.UK. Housing Benefit Factsheet – Removal of Spare Room Subsidy The same treatment applies to students who are temporarily away. The test is that the person still treats the property as their home.
Disabled Children Who Cannot Share
A child who cannot share a bedroom because of a disability or medical condition is entitled to their own room without triggering a deduction.4GOV.UK. Local Authorities and Advisers – Removal of the Spare Room Subsidy You will usually need supporting evidence from a health professional confirming that sharing is not viable. Receipt of Disability Living Allowance or Personal Independence Payment helps but may not be enough on its own; ask the professional involved in your child’s care for a letter setting out the specific reasons a shared room would not work.
Overnight Carers
If you or someone in your household needs a non-resident carer who regularly stays overnight, you can claim an extra bedroom for that carer. The person receiving care must be getting a qualifying disability benefit: Attendance Allowance, the middle or higher rate care component of Disability Living Allowance, or the daily living component of Personal Independence Payment.1Legislation.gov.uk. The Housing Benefit Regulations 2006 – Regulation B13 The carer does not have to be paid; unpaid family carers count, provided they genuinely stay overnight on a regular basis.
Sanctuary Scheme Tenants
Since October 2021, tenants in social housing that has been adapted under a domestic abuse sanctuary scheme are exempt.5Legislation.gov.uk. The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021 Sanctuary schemes add security measures so a victim of domestic abuse can remain safely in their home. The abuser must no longer live at the property, and you need written evidence of the abuse from someone acting in an official capacity, such as a police officer, health professional, or social worker. The exemption is not automatic. You have to notify your Housing Benefit office or update your Universal Credit journal.
When the Room Itself Is Not Really a Bedroom
There is no single legal definition of a bedroom in the Housing Benefit or Universal Credit regulations, and no minimum floor area. Landlords sometimes label small box rooms as bedrooms even when they can barely fit a single bed.
If a room in your home is too small, too awkwardly shaped, or too poorly ventilated to realistically function as a bedroom, you can challenge the designation. Local authorities are expected to consider size, layout, access, natural light, ventilation, and privacy when deciding whether a room genuinely counts.6House of Commons Library. Does the Law Set a Minimum Bedroom Size in England? A room that requires someone to walk through it to reach another room, or one too small for a standard single bed, has a credible argument for not being treated as a bedroom. Raise this with your council or housing association before accepting a deduction.
Challenging a Decision
If you think the bedroom count is wrong or an exemption should apply, the first step is a mandatory reconsideration. You are asking the decision-maker to look again, taking account of evidence they missed or misread. You normally have one month from the date of the decision letter.7GOV.UK. Challenge a Benefit Decision (Mandatory Reconsideration) Late requests can sometimes be accepted if you had a good reason for the delay.
If reconsideration does not go your way, you can appeal to the First-tier Tribunal (Social Entitlement Chamber), which is independent of the DWP and the council. Common grounds include a room being too small to count as a bedroom, a disability-related need for extra space that was not properly considered, or an exemption that was wrongly refused. Gather your evidence beforehand: room measurements, photographs, medical letters, and anything else that supports your case.
If You Do Have to Pay
If none of the exemptions applies and the decision stands, there are ways to manage the shortfall.
Discretionary Housing Payments (DHPs) are extra payments from your local council to bridge the gap between your housing support and your actual rent. To be eligible you must already receive Housing Benefit or the UC housing costs element and show that your current benefits do not fully cover your housing costs.8GOV.UK. Discretionary Housing Payments Guidance Manual Every application is assessed individually. Councils have broad discretion, funding is limited, and there is no guaranteed entitlement. Apply through your local council; each runs its own process.9GOV.UK. Applying for a Discretionary Housing Payment DHPs can cover rent shortfalls, arrears, deposits, and even removal costs if you are downsizing. Apply early rather than waiting for arrears to build.
Beyond DHPs, most councils and housing associations run transfer lists that give bedroom tax-affected tenants priority for smaller properties, and some will help with moving costs. Mutual exchange is another route: you can swap homes with another social tenant whose property fits your household better, using services like HomeSwapper. Both landlords must approve the swap but cannot unreasonably refuse. Some social landlords also allow tenants to take in a lodger, which can help cover the shortfall and may affect the bedroom count. Check your tenancy agreement first; most require written permission before anyone moves in.
If you are already falling behind, contact your landlord straight away and put in a DHP application. Landlords and courts treat tenants who communicate and make genuine efforts to pay far more favourably than those who go silent.