Contractual tenancies and referrals to rent officer within the 52 week period

The local HB office has agreed that assured tenancies are contractual (increases are implied as the tenancy is secure) and therefore will refer rents to the Rent Officer at anytime.

The adjacent council is refusing to refer an assured tenancy to the rent officer outside the 52 week period and are saying they can only refer rents that are pre-set. They advise an appeal. They have even have paid a discretionary housing payment to cover part of the increase.

Can anyone advise on the rules on contractual tenancies being referred to the rent officer outside the 52 weeks? This is not an LHA claim.

Unless the increase is expressly stated within the agreement, it cannot be referred to the Rent Service prior to the anniversay date.  There are two Commissioners’ decision and one by a UTJ:

CH/1556/2006
CH/3590/2007
CH/2716/2008

In my view, the LA paying the increases is wrong (based on the info so far).