New rent agreement entered into during 13 week protection.

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  • #43981
    Anonymous
    Guest

    Hello,

    I have a case where the tenant is entitled to 13 week protection as they could previously afford the rent.

    However, during the first 13 weeks of the claim they have been issued with a notice to quit by the landlord and the tenancy has has come to an end.

    A new tenancy agreement has then been signed with a rent which is 25% higher than the previous rental liability. Both rents are above LHA level.

    Should the entitlement be the same for the first 13 weeks?

    Should it increase to match the new liability?

    Should it decrease to the LHA rate?

     

    I'm stumped.

    #125222
    Anonymous
    Guest

    My view is that the 13 week protection level is frozen at the point at which you apply it and subsequent changes to liability have no effect. I’m sure I had something similar under RO regime and couldn’t find anywhere the power to amend the rate once applied.

    #125237
    Andy Thurman
    Keymaster

    Agree with Chris – additionally in this case, your claimant crucially could not afford the new higher liability at the time it was established.

    #126092
    Anonymous
    Guest

    Cheers for your help. that’s how I processed it.
    I had forgot I posted on here!!

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