Boarder / Sub tenant query

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  • #44788
    jaws
    Participant

    Hello all

    We have a claim from a Lady. 

    Her Rent is £570 PCM or £131.54 PW

    She has 1 child. 

    She also has a sub-tenant which she charges £250 per month.

    We have decided that the 3 bedroom LHA rate applies as we can include the Sub-tenant when calculating the LHA rate.

    We include the Sub-tenants rental income on her claim as £37.69 (£250*12/52=57.69£20 disregard)

    Her Sub-tenant has also made a claim for HB which we decide is entitled to the Shared Accommodation rate of LHA. 

    My question is – is it ok for the Lady to have the Sub-tenant included in her claim as he has claimed in his own right.  I think its ok but others think its not right as she is benefiting twice from the LHA bedroom rate increase and the rental income from him.

    any advice appreciated.

     

    :santa:hohoho

     

    #126330
    walmslm
    Participant

    Yes sub-tenants/boarders ARE included in LHA room requirement calculations, and can claim HB in their own right.

    #126337
    jaws
    Participant

    Thanks Matt

    I couldnt see anything in the regs that exlcuded them – I just wanted a bit of advice to help clarify that we can include sub-tenants on the LHA as well as them claim HB in their own right. Reg 13D(3) + (12) allows the extra room for the sub-tenant but couldnt find anything that disallowed them to be included if they make their own HB claim.

    #126351
    walmslm
    Participant

    It would be pretty unfair if they where excluded.

    The higher tenant gets an extra room for them as they need an extra bedroom to provide the accommodation. Their HB is reduced however to reflect the extra income this is generating them, albeit with disregards so they can keep a bit of the difference for providing accommodation to the sub tenant.

    If the sub-tenant then couldn’t claim HB they would be unable to pay their rent, have to move to alternative accommodation and possibly claim the 1 bedroom LHA rate, therefore probably costing the HB scheme more in the long run.

    So it isn’t really double counting if you follow it all through.

    #126357
    jaws
    Participant

    Thats a good way of looking at it.

    Cheers Matt

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