Hi Folks,

Is a local authority bound by a pre-tenancy determination? Reason for asking is that my client had a PTD set at £750pcm, and the HB has been restricted to £650pcm.

There is a complicating factor in that the PTD is based on 3 rooms, but my client's circumstances (couple with one child) mean that they only need two - which might account for the difference.

If the LA refuse to award a DHP and we can show that the client completed the PTD form correctly (meaning the error is the fault of hte LA or the Rent Service), are there any alternative remedies? My client's LL is already threatening possession.

Thanks,

An LA is not bound by a PTD. Where an error has been made by the claimant in completing the PTD request, or by the Rent Service in deciding the level of rent to use for HB purposes the LA will take action to obtain the correct figure.

PTDs are completed by the claimant and submitted to the LA who, after checking a valid Rent officer decision or PTD is not already in force for that property, will forward it to the Rent Service.

The LA makes no decisions on the number of occupiers or the number of rooms required for a PTD, the claimant decides on the occupiers and TRS the rooms required.

If the claimant completed the PTD correctly and TRS made an error then there may be a case for maladministration, but others are better placed to advise you on that

Thanks jmembery, that's very helpful.

Tony