Increase in Rent – Still below LHA rate

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  • #38628
    liffe
    Participant

    We have a property which was occupied by 3 tenants (multi occ) & one has now moved out. The landlords were being supported by social services as these are tenants with learning difficulties & there was a shortfall – not satisfied the supported accommodation rules for hb purposes.
    The old rent was very reasonable – £265.00 per MONTH! & because these tenants require an extra room for a carer they are eligible for the 2 bed LHA rate, therefore rent was well below this figure.
    However from 25/7/11 the 3rd tenant vacated & the rent has now increased to £394.98 per month from this date.
    Although there is a rent increase, the LHA rate will not increase until the anniversary date. Can entitlement be recalculated from 25/7/11 on the higher rent?

    #109090
    Kay_Tade
    Participant

    [quote=liffe]However from 25/7/11 the 3rd tenant vacated & the rent has now increased to £394.98 per month from this date.[/quote]

    Did this trigger a new anniversary date for the 2 tenants or just the one of the tenants now left in the property?

    #109099
    liffe
    Participant

    Not sure why this would trigger a new anniversary date?

    #109100
    Kay_Tade
    Participant

    Does either or both of the tenants now left in the property have a change in category of dwelling because of the vacation of the other tenant? This would trigger a new anniversary date in line with the rent increase. I was thinking along the lines of the use of the carer.

    #109102
    liffe
    Participant

    We had already amended the claim to take account of the carer for the one existing tenant from 1 April 2011 but we didn’t change the anniversary date from 1 April 2011. I didn’t realise we had to do this. The other tenant has only just made a new claim as he previously did not qualify.

    #109103
    Kay_Tade
    Participant

    Ok, trying to understand this, the claimant with the carer has a change from 1 April when the rules change so should get the 2 bed and new anniversary date[Let’s forget TP for now]. So unless the new rent is lower than the LHa rate nothing else changes.

    The new tenant with the new claim, I’m assuming, only 1 room shared rate as only use of 1 room, gets entitlement based on the new rent.

    #109104
    liffe
    Participant

    Ok, understand now! Thanks

    #109108
    Kay_Tade
    Participant

    [quote=Kay_Tade]So unless the new rent is lower than the LHa rate nothing else changes.[/quote]

    Sorry Liffe, forgot to consider HBR 13C(2)d, the rent increase does not apply inside the anniversary window unless this applies.

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