Reply To: Landlord Underlease?

Peter Barker

It’s not that unusual to see a case where the claimant’s landlord has a lease from someone who in turn has a longer lease from the property owner. If the genuine, reasonable costs of running the accommodation exceed the LHA/LRR it is perfectly reasonable to engineer a structure that brings it within exempt accommodation. Where they might struggle in this case is in the fact there is still a third party care provider so the new sublease holder will still need to provide evidence that the care service leaves them enough of a niche for the charity to provide more than minimal complementary support. Otherwise they will have achieved nothing!