Terms & Conditions

[APT]

…and tell me what it is. 😆

A LSVT has taken place and the claims have changed from Rent Rebate to Rent Allowance. In some cases the rent has increased sharply and are now considered as unreasonably high rents (a number will also be over-accommodated).

The issue is – which RA scheme should they be assessed under?

Do we assess them all under the current scheme (Deregulated New Scheme) or should we consider issues such as the tenancy start date (pre 89 being Regulated Rent Scheme) and continuous entitlement to HB (Pre 96 being Deregulated Old Scheme)?

[Anonymous]

My understanding is that a new Assured Tenancy comes into existence when there is an LSVT, so you can rule out old schemes and even older schemes.

I am sure you know this bit, but by Para 11 of Schedule 2, these tenancies are excluded from RO referral unless there has been an increase in the rent since disposal and you think the new rent is too high. You cannot refer to the RO on grounds of under-occupation, however, if the disposal was made after October 2002.

Having decided to refer to the RO, you have made the claim into a regular plain vanilla LRR case. If you don’t refer to the RO, you cannot restrict in any way at all because to rely on Reg 12(7) and yet not refer to the RO is, I think, logically impossible.

[APT]

Thanks for that Peter. I had forgotten the change concerning under-occupation so that was helpful.

One slight point to clear up, and it’s getting into Bill Clinton “it depends on what ‘is’ is” territory.

The reg says that a referral can be done on a rent increase “since” disposal took place. Does this mean any increase that occurs at the time of disposal is excluded?

It does not affect that cases that I’m dealing with as they retain the current rent at the point of transfer, but I just thought I’d check.

[Author]

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