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Eligible rent restrictions in temporary LA housing

Rebecca
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Crisis

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Total Posts: 6

Joined: 4 February 2021

Hello

I’ve a client who has been placed in a 2-bedroom non-secure tenancy (owned by the LA). The client potentially only has a one-bedroom need as her daughter isn’t currently living with her full-time.

My understanding is that this accommodation is not exempt from the restrictions of eligible rent because the regs state:

3) In this regulation “temporary accommodation” means accommodation of a kind listed in paragraph (4) which the relevant authority makes available to the claimant, or which a registered housing association makes available to the claimant in pursuance of arrangements made with it by the authority—
(a)to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; or
(b)to prevent the claimant being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.
(4) The accommodation referred to in paragraph (3) is—
(a)accommodation—
(i)provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or
(ii)provided in a hotel, guest house, lodging house or similar establishment,
but does not include accommodation which is provided in a care home, an independent hospital or a hostel;
(b)accommodation which the authority or registered housing association holds on a lease and, in the case of an authority in England, is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;
(c)accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.]

So i guess if the 14% is unaffordable it’s either DHP or challenging the suitability of the offer if it isnt affordable?

Is this correct?

Thanks in advance
Rebecca

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Yes that is correct.  The key point being that the definition of “temporary accommodation” for the purpose of claiming HB rather than UC is not exactly coterminous with the definition used for bedroom tax exemption (or for HB subsidy for that matter).  It attracts HB because it is temp acc for UC purposes, but it doesn’t escape the bedroom tax because it is a rent rebate case and it falls outside the scope of the temp acc definition in the HB Regs for that purpose.

Rebecca
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Crisis

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Total Posts: 6

Joined: 4 February 2021

Thanks very much for your speedy reply and for confirming it.