More than 5 bedrooms

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  • #33976
    Nicky
    Participant

    Someone please put me out of my misery……….

    I’m sure I’ve read in the new regs that where a prospective tenant wants to know the LHA rate on a 6 (or more) bed property then we ask the RO to provide a sort of PTD.

    I’ve read them again and I can’t find it 😡

    Somebody please please tell me: is it there and if so where?????????

    #94734
    Anonymous
    Guest

    It’s Regulation 13D para 8 “Son of PTD”.

    This new Regulation is one of my favourites – it requires an LA to apply to the Rent Officer when it has received notice from a prospective tenant that “he is contemplating occupying as his home a dwelling within the area of the relevant authority which contains a specified number of bedrooms, exceeding five.”

    Note – He is contemplating renting more than 5 rooms, not that his size criteria actually requires them.

    #94735
    Anonymous
    Guest

    ………This may not happen too often anyway. Article 2A(a)(ii) of the RO (Housing Benefit Functions) Amendment Order 2007 states that the RO shall determine LHAs for such dwellings of more than five bedrooms as he “believes are likely to required for the purpose of calculating HB”

    #94736
    Nicky
    Participant

    Thanks Richard – lifesaver!!

    Don’t you just love the way these regs have been written? Reminds me of the instructions for the “Holy Hand Grenade of Antioch” from Monty Python and the Holy Grail!

    #94737
    seanosul
    Participant

    How many 6 bedroom proprties exist that are not associated with acres of land?

    #94738
    Anonymous
    Guest

    Just getting to grips with this, but the more than 5 bedrooms – ask rent officer – would that apply to requiring 5 bedrooms – ie 4 bed property with household assessment of 6 bedrooms?

    #94739
    Anonymous
    Guest

    There are two situations where the main HB Regs provide for the LA to apply for an [i:77e3033be0]ad hoc[/i:77e3033be0] >5 LHA.

    You have Reg 13D(8), which Richard discusses above, where there is a sort of pseudo-PTD and as Richard says it doesn’t seem to take any account of the size criteria, it seems to fire when the claimant has in mind a specific property with more than 5 beds – whether s/he needs more than 5 beds or not.

    But Reg 13D(7) applies when the claimant has already moved in and appears to need more than 5 beds – if there doesn’t happen to be a >5 LHA already, the LA must ask for one. In this case, the size criteria dictate whethger the >5 LHA should be applied for – it does not matter whether the property has more than five beds in real life.

    I originally read the amendments to the RO order as being intended to dovetail with the above provisions: in any month where the LA has made an application under either of the above provisions, the RO will set a >5 LHA, otherwise there is no need to bother. However, I think the drafting allows the RO to be more proactive and set a >5 LHA on his/her own initiative if s/he thinks it might come in handy. This is because the RO order as amended contains a specific requirement to set a >5 LHA when the LA aplies under Reg 13D(7) or (8) [b:77e3033be0]and[/b:77e3033be0] a general power to set a >5 LHA if the mood takes him/her.

    #94740
    Darren W
    Participant

    My understanding is the same as Peter’s. If the RO feels that it will be helpful to set a >5 then he can. For example if you have a LA that is asking for a 6 bedroom figure on a regular bassis then he can set one for each month.

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