excluded tenancies rented caravans on traveller sites

HB Reg 14 and Sch 2. para 3(1)(b) - ‘excluded tenancies’

We have cases where a LA has ‘suddenly’ restricted rents for caravans on county council registered traveller sites under LHA rules and reduced the rents previously paid by HB by approx 40%.

All concern pre 7.4.08 claims and the application of the ‘transitional protection’ which may be afforded by HB(LHA&IS;)A regs - see commentary in CPAGs HB/CTB legislation 23rd ed. at page 327.  We intend to argue that neither the LHA or local reference rent rules applies because the claimants have ‘excluded tenancies’ and/or none of the changes within HB(LHA&IS;)A Regs apply.

In our cases the claimants caravans are rented from a private company. We understand there are 2 or 3 firms that specialise in renting caravans to travellers on designated sites. The interpretation of Sch 2. Para 3(1)(b) - who provides the caravan - may be a key issue of interpretation - does it only apply if the caravan is rented from the LA? Can (b) be read to apply to a situation that does not exist in practice - that is that no LA’s rent caravans to travellers on designated sites and the private sector is the sole provider.

The LA do not appear to be arguing that the caravans are larger than reasonable required or the rent charged is unreasonably high (although the rents charged might be described as a nice little earner).

Are any readers aware of any local authority (rather than private companies) who rent caravans to travellers on designated sites?

Is anyone else aware of similar cases?