Brothers in Arms

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  • #46422
    jmalls
    Participant

    Brother one is 30 and brother two is 25. Is the best rent twice the sharer's rate or can I quote CH/107/2010 and fix the rent at twice the 2 bed rate?

     

    I'll ask the potential tenants tomorrow if they have any friends who'll share the spare room, in order to maximise the rent. In the mean time, does anyone have any other rent busting suggestions?

    #131035
    peterdelamothe
    Keymaster

    No…because they are under 35. “Friends” sounds the best idea!

    #131200
    jmalls
    Participant

    Peter, thanks for that.

    In a slightly different scenario but under the same problem, I have a property that had mum (56), son (20) and friend (24) living in the property where mum had exclusive use of the living room and a bedroom so was on the 1 bed rate whereas the son and friend were both on the sharer’s rate until the friend left.
    I then altered the AST to simply remove the friend from the AST. I gave it to the tenant who subsequently submitted their new claim to the HB office.

    After a brief phone call at the end of last week, I found out that after 6 weeks they haven’t processed the claim and are actually debating whether mum should actually be on the 1 bed rate or not!

    However, I’ve just realised that the new living arrangement is identical to CH/107/2010 so should I have change the AST to put both mum and son on the 2 bed rate?

    If yes and the 2 bed rate applies, is there anything I can do to immediately amend the AST changing the amount rent claimed from a (1 bed rate + a sharer’s rate) to (twice the 2 bed rate) and resubmit it to the HB office (via the tenant)?

    Regards,

    Jeremy

    #131556
    peterdelamothe
    Keymaster

    You have a number of problems here.

    Firstly, you have already issued a tenancy agreement.

    Secondly, the son is single under 35 so cannot get the two bed rate.

    I suspect the issue is whether a person can have “exclusive possession” if you have put both names on one AST instead of individual AST’s. My own view is that unless a claimant has their own AST they cannot have exclusive use of cetain rooms (and the housing law is very clear on that) but different LA’s seem to have different policies on this…or more likely have not considered it.

    So in your circumstance, you probably could have got the two bed and shared rate…but if the rent is too low then you are now a bit stumped!

    #131567
    jmalls
    Participant

    [quote=peterdelamothe]I suspect the issue is whether a person can have “exclusive possession” if you have put both names on one AST instead of individual AST’s. My own view is that unless a claimant has their own AST they cannot have exclusive use of cetain rooms (and the housing law is very clear on that) but different LA’s seem to have different policies on this…or more likely have not considered it.[/quote]

    Mum and son both have keys and locks on their exclusive rooms.

    Stumped I am then!

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