Reply To: Rent Increases

#94798
cbuck
Participant

Both of the examples given lead to an actual factual change in the amount of ‘cap rent’. However cap rent only exists within reg 13D and it’s calculation is only triggered by a 13C event, which a rent increase is not.

12D says that the maximum rent (LHA) remains effective until you make a new calculation following a 13C event. So today I am voting NO, but before Christmas I was saying cautiously YES. Next week I am betting on MAYBE. By April, who knows??

However in example 1 I think you may need to change the amount paid directly to the landlord/ claimant where split payments are being made under regs 95 or 96 – this relies on actual amount of liability to decide who gets how much.