Valuation Office and fair valuation

Hi All,

With the recent rise in LHA rates I have had a landlord who has served a s13 notice on her tenants giving the required notice and setting the rent at the new level of LHA. One of the tenancies however predates LHA and when they submitted a change of circs to reflect the new rent, the Local Authority has written back stating the Govt Valuation Office sets the maximum rent able to use to calculate the claim. Apparently the Local Authority wrote to the Valuation Office and state: “They have replied and told us to use a rent figure to assess the claim at”. Now the rent figure allegedly provided was the same as the old LHA rate before the new rise(s) in March. They are now encouraging the tenants to move onto UC.

Our other option is to do a DHP however this is not guaranteed and the rent rise is a permanent raise. I wondered if there was a way of appealing the Valuation Office determination. It’s not a regulated tenancy or other form of protection and the household do not receive the SDP premium to make them exempt from UC.

All help appreciated.

This will be one of the few remaining Local Refernce Rent cases in the general needs sector. Yes, it can be reviewed: if the claimant appeals the HB decision and it is clear that what s/he takes issue with is the independent Rent Officer’s judgement,  the Council must apply for a redetermination which involves a second opinion from another Rent Officer. The outcome is binding on the Council and out of jurisdiction for a Tribunal appeal.

Thanks for the prompt response, I had a feeling we could do something but the letter out to the tenants was very final and definite.

Would you know what legislation that appeal would go under at all, just so I can be clear with the appeal letter, I have multiple instances of this Local Authority not raising rents when LHA has slightly increased, even though the tenancy was slightly higher than the LHA and thus causing a significant sum of arrears, so I do want to be above board in all this.

Thanks once again for this.

HB Reg 16:  https://www.legislation.gov.uk/uksi/2006/213/regulation/16

Thanks v much for your help!