Wed 13-May-09 11:09 AM by Nicola Wallace

Claimant has an assured shorthold tenancy and is due a 10% reduction for roughly 8 weeks due to noise and disruption from repairs to flat above. Will housing benefit be reduced by the same amount or not? It would help the rent arrears if HB was not reduced.
In addition, tenant is also thinking of transferring to LHA (as once discretionary payment expires, will have large shortfall to pay.) If the remission instead was offset as a lump sum against the one week when tenant was not entitled to benefit (because needed to withdraw claim to reclaim under LHA ) would this be a way to prevent arrears increasing?

If the rent decreases for any reason this should be notified to the La.

If this happened because of works then this should also be notified.

If your client's case is subject to rent officer decisions then it should also be referred to the Rent Service if there have been changes which may affect the previous decision.

Only then will the La be able to supersede the previous decision(s).

Not certain that a reduction in rent is actually a "change relating to a rent allowance" thereby requiring re-referral.

IMo if the reduced rent is still more than, or the same as, the ROs decision there will be no reduction in HB.

Jeff

Thank you for your replies. I checked the rules and saw that if rent free weeks are agreed to allow for decoration at the start of the tenancy, subject to certain rules, HB can still be payable. I thought this also applied to compensation for disruption or a rent remission for disruption, but I can't find any reference to this. Any ideas?