Reply To: Landlord is Local Authority

#8926
Anonymous
Guest

I agree with Julian, including the bit about districts and counties in England.

In Scotland and Wales there is a single tier of local government. In Scotland and Wales, therefore, it is impossible to have a rent allowance claimant with a local authority landlord: irrespective of whether the placement is in-borough or out of borough, and irrespective of the Council department concerned, HB is administered by the same Council that collects the rent and it’s a rebate case by virtue of s134..

In England there are still some areas where local government is two-tier. In these areas, social services is a county service and HB is a district service. That means that a county council cannot award rebates to its own tenants because it doesn’t run an HB service. Therefore the tenants have to claim rent allowance from the district in which they live. These cases need to be referred to the Rent Officer because the CRR affects subsidy; but in many cases they are exempt from the LRR rules because they tend to be supported units where care etc is provided. If you look very closely at the definition of exempt accommodation, you will see that the only local authority landlord it refers to is an English county. This is because tenants of English districts (be they met, unitary or DC) and tenants of all Scottish and Welsh authorities claim rebates from their landlord authority, so they aren’t referred to the RO and so there is no need for them to be exempt from the LRR.