Extra Room?

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • #39940
    jmembery
    Participant

    Interested in peoples views.

    Three people share a four bedroomed house. LHA cases.

    The fourth bedroom is used by a carer (non-resident)who is NOT providing support on behalf of the landlord.

    Landlord arguing that all three tenants qualify for extra room and should get two bedroomed rate of LHA. (It goes without saying that the rent is very high and more than the two bedroomed rate.)

    Any views of if all three should get the extra bedroom rate?

    #113999
    Kay_Tade
    Participant

    [quote=jmembery]Landlord arguing that all three tenants qualify for extra room and should get two bedroomed rate of LHA. (It goes without saying that the rent is very high and more than the two bedroomed rate.) Any views of if all three should get the extra bedroom rate?[/quote]

    Ok, going to have to make a lot of assumptions here, so here goes: this is a HMO, all the tenants require an “overnight carer”, this carer is shared among the 3 tenants and the rest of the conditions for an “overnight carer” requring an “extra room” is satisfied then yes, IWould say they all qualify for the extra room.

    #114039
    jmembery
    Participant

    Thanks Kay
    Yes, I agreed with the landlord in this case based upon the guidance, but have been having difficulty pinning down the position in the actual regs.

    Cheers

    Jeff

    #117303
    Anonymous
    Guest

    Did you manage to trace any legislation to support this premise, Jeff; that in a non exempt accommodation HMO or block of houses for those with disabilities then each of the claims could be based on the 2 bedroom LHA rate ( ie an extra bedroom for the overnight carer provided the claimant met that particular criteria)even if it was the same overnight carer on hand for them all? If you haven’t tracked any thing down, can any one else point to legislation or caselaw to support this interpretation?

    #117307
    Andreas
    Participant

    I queried something similar to this with the DWP (who confirmed with their legal department) that this scenario could apply.

    See 2.045 of the LHA guidance manual.

    http://www.dwp.gov.uk/docs/lha-guidance-manual.pdf

    The relevant regulations are the usual ones: 2 (for the definition of a person who requires overnight care) and 13D(3) for the LHA rate.

    Not sure if this is what you would consider satisfactory in terms of something more compelling but it does fit with the provisions.

    Even if you feel this doesn’t apply in your case as long as they qualify for an SDP they should still get the 1-bed.

Viewing 5 posts - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.