Afternoon Guys,

I have a client who has been renting the same place from a private landlord for the last 15 years at a rate of £60.00 per week. He's been receiving £75.00 per week HB (calculated using LHA so capped at £15 higher than eligible rent)

His tenancy came to an end in October and the landlord increased the rent to be more in line with similar lets within the area. The rent was increased to £96.00 per week.

Client is on IB JSA.

Client asked L.A. to increase his HB payments but they will not. They say they can only change the eligible rent on the anniversary of the LHA date which is 7 April 2010 and that he'll have to make up the shortfall till then.

My argument is that the LHA (maximum rent as calculated on April 7th 2008 was £90.00 per week. Fair enough they can not change this and will only look at it in April 2009 - but surely there is nothing to stop them increasing his HB from £75 to £90 which is the amount they set the LHA at for this year?

Any help would be appreciated. As I’ve argued the toss with the Council and got no where. Alternatively, could the client stop getting HB, wait a week and reclaim to be in the situation he wants (LHA at today’s rates is £91 per week)?