Reply To: IS IT CONTRIVED OR NOT?

#9438
Kevin D
Participant

Hi Paul,

Without all of the background info, it’s a difficult call to make on any individual case. However, I have no doubt that the scheme is capable of falling foul of HBR 9(1)(l).

What happens if a clmt is not (otherwise) entitled to HB? Is it envisaged (by, probably, the L/L), that ONLY HB tenants will be allowed tenancies, is the targeting aimed at a class, or group, of tenants only? (it appears so) What if a prospective tenant could afford the rent without HB (unlikely, but not inconceivable if, say, a tenant had resources from a trust fund for example)?

However, even if your enquiries show that the scheme probably isn’t going to fall foul of HBR 9(1)(l), I’d strongly advise against offering a view to the L/L – reasons per other threads.

Out of curiousity, what is the justification of the high level of rent? (assuming this is high for your area).

This whole area of HB is becoming a mess – for ALL parties. Time for the DWP to grasp the nettle and deal with it properly, so that everyone knows where they stand and don’t have to worry about the uncertainty that HB rules give rise to. This is irrespective of any view on the motives of any landlord in these, or other, cases.

Regards