LHA & rent decrease

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  • #39034
    Jo Hagger
    Participant

    Hi there,

    Although I understand that if a rent decreases/increases within the LHA anniversary dates – you continue to pay based on the maximum rent at the time of entitlement regardless of contractual rent increases etc etc.

    However, I have a case where the landlord was kind enough to charge the tenant £272.50 pcm instead of £545.00 pcm for the first 2 months.

    Although the tenancy agreement states the rent is £545.00 pcm, it also says that only £272.50 pcm is payable for the first 2 months.

    So I am saying that we are stuck with the £272.50 but the poor tenant is now totally stuck – am I being to “by the bookish” – could I go with the £545.00 pcm – would Audit agree?

    Due to the low rent & the low level of entitlement (£1.45 pw) even the DHP route is in danger coz any change in circs may actually knock the HB out altogether – do we get her to withdraw the claim for 1 week?

    Please may I have your thoughts on my predicament?

    Many thanks

    Jo
    :p

    #110627
    Andy Thurman
    Keymaster

    Just maybe reg 8(1)(d) could help?

    Why was the lower amount charged? Was it “as reasonable compensation in return for works actually carried out by the tenant in carrying out reasonable repairs or redecoration which the landlord would otherwise have carried out or be required to carry out”??

    #110628
    Jo Hagger
    Participant

    Hi Andy

    No sorry nothing to do with works being carried out – landlord appears to have done it so he could get the property rented out as difficulty in finding tenants.

    I just feel so mean about this one I’m trying to find any loophole going. :(( :((

    #110634
    Andy Thurman
    Keymaster

    [quote=Jo Hagger]Due to the low rent & the low level of entitlement (£1.45 pw) [/quote]

    Think I’ve got an idea!

    Claimant (with your help) clarifies that they only want to claim from the point of the rent increase i.e. what you have is a claim in advance – the loss of £1.45 per week for the 1st 2 months must be worth it??

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