Reply To: Supported Accommodation Old Reg 11

#8153
Kevin D
Participant

[quote:b4bb69c58d]old reg 11 does not prevent rent restrictions, it provides for discretion for the decision maker about the level of restriction[/quote:b4bb69c58d]

Another common error – restricting under old reg 11 is not discretionary.

If the rent is “unreasonably high” (and assuming no exceptions apply), the LA [u:b4bb69c58d]shall[/u:b4bb69c58d] restrict. The amount by which the rent is restricted is with regard to the cost of suitable alternative accommodation – that is a judgement call, not a discretionary call.

NB: When old reg 11 was introduced in 1988, restriction was discretionary. But, discretion was removed from April 1991.

Regards