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Housing benefit & rent determination

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Hi

I’ve not come across this in years so apologie for my ignorance!  A client has a fixed term AST which is renewed every 12 months.  For the first time the landlord has increased the rent so he now has had to apply for a DHP as the shortfall is £78 per week.  I rang housing benefit to see why HB was not being paid at the LHA single person 1 bed rate and they said that the rent had been set by a rent officer.

Is it possible to have this changed to the LHA rate and if so how do you do it?  The client doesn’t want any rent inspection so what options are there or is it just the DHP or moving?

Thank you :)

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Joined: 7 January 2013

Saying the obvious but worth checking that the correct rent restriction has been applied in the first place. Assuming it is correct and client is in a tenancy where LHA rates would be used when calculating a fresh claim, there would need to be a break in the claim for more than a week to take advantage of LHA rates (see CH/2008/2011).

If working age, would they be better off on UC instead?

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Thanks Tom.  He would be better off on UC with the LCWRA than ESA but he doesn’t want any upheaval de to his health issues.