Rent is £1 per month!

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  • #34491
    Anonymous
    Guest

    Clt’s mother (previous tenant) has died and she has been given the tenancy – a new assured shorthold – for £1 per month. Under LHA she gets > £14 per week for a liability of less than £.50. I know that is the whole point of LHA but this seems beyond stupid.
    Any thoughts on what, if anything, I could/should do

    #96989
    Anonymous
    Guest

    I’d say it’s a non-commercial agreement.

    #96990
    Anonymous
    Guest

    It’s a farm cottage so I guess somewhere back in time it was an agricultural tenancy. I did wonder whether I could say that this is not an assured shorthold because it is a very low rent, and would therefore be an “old scheme” case and exempt from LHA.
    Someone with knowledge of housing law?

    #96991
    peterdelamothe
    Keymaster

    It would previously have become an assurred tenancy with the new tenant having security of tenure. Either way I dont see how it can be anything than an LHA case.

    The other point I would make is that it was exactly because there were so many low rents that the £15 limit was brought in. Otherwise the cost would have been much higher. Many of the rents are historical and perfectly legitimate, just low. Your case is a bit extreme I know.

    #96992
    Anonymous
    Guest

    But “low rents” are exempt from LHA (schedule 2 para 8)

    #96993
    markp
    Participant

    Can they get the top – up if there’s no entitlement to HB in the first instance?

    Do I know what I'm doing? The jury's out on that........................

    #96994
    Anonymous
    Guest

    As I understand it the maximum rent under LHA starts with the eligible rent charged, then applies the top-up, so the fact that under old rules the entitlement would be <£.50 is irrelevant. However, the Housing Department have confirmed that (in their opinion) this is a “low rent” under Housing Act 1988 (could not have been an assured tenancy despite what the LL calls it) so it is therefore exempt from LHA

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