Housing Association and assured shorthold tenancies

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    We have claims where the landlord is a Housing Association and they are registered as a “private Registered provider of social housing” but some of their properties are let under an assured shorthold tenancy at “market rents”.

    I am looking at circular A12/2010 where it explains that the Housing and Regeneration Act 2008 defines social housing as – low cost rental accommodation made available at below market rents (para 7). Clearly the rents for the claims we have received are not below market rents.

    I am unclear from the circular whether this type of accommodation should be treated as LHA or should we be looking to refer to the rent service if we beleive the rent is unreasonably high/ dwelling is larger than reasonably required.


    Look at Reg 13C(5) – this tenancy type is excluded from the LHA scheme so must therefore still be an RO referral if you think rent is unreasonable.

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