One very important point hasn’t been raised yet here: are these rebate cases or allowance cases? I am assuming rebate because:

– the Council is using the non-HRA subsidy threshold as a guide for setting the rent, and
– the Council is leasing the properties from the consortium, so the Council is presumably in full control for the next 10 years

For the same Council to then say that tenancies are created to take advantage of the scheme seems a nonsense to me:

“There you go sir/madam, take the keys, the place is yours as long as you pay us £180 a week, of course we assume you’ll be on HB. What? We are charging you [i:c5c3e971ff][b:c5c3e971ff]how[/b:c5c3e971ff][/i:c5c3e971ff] much? That’s outrageous, that is, something should be done about these dodgy landlords. We have a good mind to stop doing business with ourselves if we carry on like this. So we are not going to pay you HB, sorry. Look, we told you to pay £180 a week and you haven’t paid a penny – you cannot go on like this you know. Have you claimed HB? No? Good, because your tenancy is dodgy anyway”

Not exactly joined up is it?

I don’t think a Council should ever try to say that its own tenancies are crteated to take advantage of the scheme.