LHA or RSL

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  • #39004
    hannahegan
    Participant

    I have a claim where the landlord is an RSL but they are renting it out through a letting agent. The rent is significantly higher that both the other RSL properties in the same block and also much higher than the LHA rate. Am I right in thinking this should still be treated as an RSL property?

    Thanks

    #110522
    Kevin D
    Participant

    Is the clmt’s tenancy with the agent, or the LL?

    In the event of the LL being a RP, is the rent “unreasonably high”? If so, it has to be referred to the RO.

    #110524
    hannahegan
    Participant

    The tenancy agreement has the RSL as the l/l but is an agreement produced by the letting agent. The signature bit says “Signed by the landlord or an authorised person of (letting agent) as agent for the landlord”

    The rent being charged is £775 compared to £550 for the other RSL properties and LHA rate of £550.

    #110526
    Kevin D
    Participant

    Ok. That indicates that the relevant parties to any landlord/tenant legal action would involve the RP. On that basis, the LL is the RP and it is an “excluded tenancy”.

    Next up is to consider whether or not the LA considers the rent to be unreasonably high or the tenant to be overaccommodated. If the LA does consider either of those to be the case, the rent must be referred to the RO – this would be mandatory, not discretionary. If no referral is appropriate, it’s a normal RP case.

    #110527
    hannahegan
    Participant

    Lovely thanks that’s what I thought

    #110529
    Andy Thurman
    Keymaster

    While referrals are best avoided, the landlord will have a difficult job convincing you this rent is not unreasonably high!! You definitely need to ask further questions – predominantly with regard to the reason for the high rent but you also need to establish whether the “RSL” is definitely a not-for-profit RP. If not, then LHA is the correct option but it is more likely it will be so the “unreasonably high” decision will be key.

    Have the RSL leased the property from a private landlord? If so, and it can be demonstrated that an extremely urgent need led to a higher than desirable lease cost being agreed, you may just about be able to decide it is reasonable in the circs. (If being used for homeless provision, the subsidy will be capped at 90% of Jan 11’s LHA rate plus £60 or £40 if you are in London – the subsidy position is secondary though.)

    Being nosey, I’d be intrigued to hear their explanation! 😉

    #110537
    hannahegan
    Participant

    I’ve just established that the company is operating with two different names so I guess it’s possible only one is registered. Do you know how I can find out if they are actually an RSL please?

    #110538
    walmslm
    Participant

    Should be on here if they are registered –

    http://portal.tenantservicesauthority.org/

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